ELECTION  LAWS  OF  TEXAS 


INCLUDING  ALL  ACTS  OF  THE    LEGIS 
LATURE  GOVERNING  ELECTIONS, 
BOTH  GENERAL  AND  PRI- 
MARY, TO  DATE 


COMPILED  BY 

F.  C.  WEINERT 

SECRETARY  OF  STATE 


^'^<^rL.J^^ 


AUSTIN^TEXAS 

Von  Boeckmann-Jones  Co.,  Printers 

1914 


■^k 


V\\H 


,;'?*.';  5  \ 


ELECTION  LAWS, 


TIME  AND  PLACE  OF  HOLDING  ELECTIONS. 

Article  2910.  Elections,  General,  Time  for  Holding. — A  general 
election  shall  be  held  on  the  first  Tuesday  after  the  first  Monday  in 
November,  A.  D.  1912,  and  every  two  years  thereafter,  at  such  places 
as  may  be  prescribed  by  law,  after  notice  given  as  prescribed  by  law. 
[Acts  1905,  1st  S.  S.  p."  535.] 

x\rt.  2911.  Elections,  Special,  Time  for  Holding. — Special  elec- 
tions shall  be  held  at  such  times  and  places  as  may  be  fixed  by  law  pro- 
viding therefor.     [Id.  sec.  62.] 

Art.  2912.  Polls,  Hours  of  Opening  and  Closing. — In  all  elec- 
tions, general,  special  or  primary,  the  polls  shall  be  open  from  eight 
o'clock  in  the  morning  until  seven  o'clock  in  the  evening;  and  the 
election  shall  be  held  for  one  day  only.     [Id.  sec.  64] . 

Art.  2913.  Precincts,  Election,  Formed  How  and  When,  Pub- 
lication.— The  county  commissioners  court  of  each  county  may,  if  they 
deem  it  proper,  at  each  August  term  of  the  court,  divide  their  respective 
counties,  and  counties  attached  thereto  for  judicial  purposes,  into  con- 
venient election  precincts,  each  of  which  shall  be  differently  numbered 
and  described  by  natural  or  artificial  boundaries  or  survey  lines  by  an 
order  to  be  entered  upon  the  minutes  of  the  court.  They  shall  imme- 
diately thereafter  publish  such  order  in  some  newspaper  in  the  county 
for  three  consecutive  weeks.  If  there  be  no  newspaper  in  the  county, 
then  such  copy  of  such  order  shall  be  posted  in. some  public  place  in 
each  precinct  in  the  county.  No  election  precinct  shall  be  formed  out 
of  two  or  more  justice  precincts,  nor  out  of  the  parts  of  two  or  more 
justice  precincts.     [Id.  sec.  7.] 

Art.  2914.  Precincts  in  Cities  and  Towns,  How  Formed. — The 
county  commissioners  court,  in  establishing  new  election  precincts,  shall 
divide  any  city  or  town  into  as  many  election  precincts  as  they  see 
proper,  none  of  which  shall  have  resident  therein  more  than  three  hun- 
dred and  fifty  voters,  as  ascertained  by  the  vote  of  the  last  preceding 
general  city  or  town  election.  Every  ward  in  every  incorporated  city, 
town  or  village  shall  constitute  an  election  precinct,  unless  there  shall 
have  been  cast  in  the  said  ward,  at  the  last  general  city  or  town  election 
held  therein,  more  than  three  hundred  and  fifty  votes.  Cities  and 
towns,  and  towns  and  villages  incorporated  under  the  general  laws  shall 
not  necessarily  constitute  election  precincts;  and  no  precinct  shall  be 
made  out  of  parts  of  two  wards.  Provided,  that  this  section  [article] 
shall  not  apply  to  cities,  towns  and  villages  of  less  than  ten  thousand 
inhabitants;  and,  in  such  cities,  towns  and  villages,  the  justice  pre- 
cincts in  which  said  cities,  towns  and  villages  are  situated  may  be  divided 


293017 


4  ,;.'      EliiCTION^  IlV'VS  of  Texas. 

into  election  precincts  withort  regP.rd  to  the  wards  of  such  cities,  towns 
and  villages,  and  witnoat  referenct^  to  the  number  of  votes  to  be  cast. 
[Id.  sec.  8.] 

Art.  2915.  [1709]  Unorganized  Counties,  Precincts  and  Vot- 
ing In. — Each  unorganized  county  of  the  State  of  Texas  which  is  at- 
tached, for  judicial  purposes,  to  an  organized  county  shall  be  attached, 
for  election  purposes,  to  some  one  of  the  commissioners  precincts  of  such 
organized  county,  and  voters  in  such  unorganized  county  shall  be  au- 
thorized to  vote  in  any  election  for  commissioner  of  such  commissioners 
precinct;  provided,  when  more  than  one  election  precinct  has  been  es- 
tablished by  law  in  such  unorganized  county  of  the  State,  each  election 
precinct  therein  shall  be  attached,  for  election  purposes,  severally  to  one 
of  the  commissioners  precincts  of  such  organized  county;  and  voters  in 
such  election  precincts  shall  be  authorized  to  vote  in  any  election  for 
commissioner  of  the  commissioners  precinct  to  which  such  election  pre- 
cinct has  been  attached,     [iicts  1885,  p.  89.] 

.  Art.  2916.  [1732]  [1689]  Voters  Shall  Vote  in  Precinct 
Where  They  Eeside. — All  voters  in  any  county  shall  vote  in  the  elec- 
tion precinct  in  which  thev  reside.  [Act  Aug.  23,  1876,  p.  308,  sec.  14. 
Acts  of  1881,  p.  97.] 

Art.  2917.  Collector,  Order  Fixing  Precincts  to  Be  Served  On. 
— The  county  commissioners  court  shall  cause  to  be  made  out  and  de- 
livered to  the  county  collector  of  taxes,  before  the  first  day  of  September, 
annually,  a  certified  copy  of  the  last  order  fixing  the  limits  and  des- 
ignating the  number  or  name  of  each  precinct  for  the  year  following. 
[Acts  1905,  1  S.  S.,  p.  535.] 

Art.  2918.  Polling  Places  and  Poll  Tax  Lists  in  Towns,  Etc., 
Under  General  Law. — In  towns  or  cities  incorporated  under  the  gen- 
eral laws,  the  city  council  may  provide  for  city  or  town  elections  that 
there  shall  be  one  or  more  polling  places;  and,  in  such  case,  the  cer- 
tified list  of  poll  taxpaying  voters  for  all  election  precincts  in  which 
voters  reside  who  are  to  vote  at  any  such  polling  place  shall  be  used 
therefor.     [Id.  sec.  9.] 

Art.  2919.  But  One  Election  Poll  in  Certain  Cities  and  Towns. 
— In  all  cities  and  towns  in  this  State  in  which  the  number  of  electors 
at  the  last  municipal  election  does  not  exceed  four  hundred  in  number, 
but  one  election  poll  shall  be  opened  at  any  municipal  election;  and  all 
officers  of  such  towns  and  cities  to  be  elected  shall  be  voted  for  at 
such  poll.     [Acts  1897,  p.  10.] 

OFFICEES  OF  ELECTION". 

Article  2920.  Judges  and  Clerks  of  Election;  Presiding  Judges; 
Appointment,  Qualification  and  Duties. — The  county  commission- 
ers court  shall,  at  the  February  term,  appoint  from  among  the  citizens 
of  each  voting  precinct  in  which  there  are  less  than  one  hundred  voters 
who  have  paid  their  poll  tax  and  received  their  certificates  of  exemption 
two  reputable  men  who  are  qualified  voters  as  judges  of  the  election. 
They  shall  be  selected  from  different  political  parties,  if  practicable, 


Election  Laws  of  Texas.  5 

and  shall  continue  to  act  until  their  successors  are  appointed.  When 
the  bounds  of  the  precinct  are  changed  so  that  one  or  more  judges  reside 
outside  of  the  precinct  for  which  they  were  appointed,  the  court  shall 
appoint  others  to  fill  such  vacancy  or  vacancies.  One  of  the  judges,  who 
shall,  in  all  cases,  belong  to  the  party  that,  at  the  last  general  election, 
cast  the  largest  vote  for  governor  throughout  the  State  shall  be  desig- 
nated as  the  presiding  judge  at  elections ;  he  shall  appoint  two  competent 
and  reputable  clerks  of  different  political  parties,  if  practicable,  who  are 
qualified  voters,  to  act  as  clerks  of  the  election.  The  order  appointing 
all  judges  shall  be  entered  of  record.  The  presiding  judge  shall  act  in 
receiving  and  depositing  the  votes  in  the  ballot  boxes,  and  the  other 
judge  shall  act  in  counting  the  votes  cast;  one  of  the  clerks  shall  keep 
the  poll  list  and  list  of  qualified  voters,  and,  upon  the  poll  list  he  shall 
write  at  the  time  of  voting  the  name  and  number  of  each  voter;  the 
other  clerk  shall  act  as  canvassing  clerk,  and  shall  keep  the  tally  list 
of  votes  counted;  said  officers  shall  perform  such  other  duties  as  the 
presiding  judge  may  direct.     [Acts  1905,  S.  S.,  p.  533,  sec.  57.] 

Art.  2921.  Judges  and  Clerks  of  Election  in  Precincts  of  Over 
100  Poll  Tax  Receipts,  Appointment  and  Duties. — For  every  pre- 
cinct in  which  there  are  one  hundred  male  citizens  or  more  who  have 
paid  their  poll  tax  or  received  their  certificates  of  exemption,  the  com- 
missioners court  shall  appoint  four  judges  of  election,  who  shall  be 
chosen  when  practicable  from  opposing  political  parties,  one  of  whom 
shall  be  designated  as  presiding  judge.  The  presiding  and  one  associate 
judge  shall  act  in  receiving  and  depositing  the  votes  in  the  ballot  box, 
and  the  other  two  judges  shall  act  in  counting  the  vote  cast.  The 
presiding  judge  shall  appoint  four  competent  and  reputable  clerks  who 
have  paid  their  poll  tax,  and  of  different  political  parties,  when  practica- 
ble; two  of  said  clerks  shall  assist  in  keeping  poll  lists  and  the  list  of 
qualified  voters;  upon  the  poll  lists  they  shall  write  the  name  and 
number  of  each  voter,  and  at  the  time  voted.  Two  clerks  shall  be  can- 
vassing clerks,  who  shall  keep  tally  lists  of  votes  counted  and  perform 
such  other  duties  as  the  presiding  judge  may  direct.  At  the  close  of 
the  canvassing,  and  during  its  progress,  the  tally  clerks  shall  compare 
their  tally  lists  and  certify  officially  to  their  correctness.  Provided,  that 
in  all  elections  held  under  the  provisions  of  this  title,  other  than  general 
elections,  local  option  elections  and  primary  elections,  the  officers  to  be 
appointed  by  the  commissioners  court  to  hold  said  elections  shall  be  a 
presiding  judge,  and  assistant  judge  and  two  clerks,  whose  compensa- 
tion shall  be  two  dollars  per  day,  and  two  dollars  to  the  presiding  judge 
extra  for  making  return  of  the  election.     [Id.  sec.  58.] 

[Note. — For  appointment  of  judges  and  clerks  by  voters,  see  Art. 
2994.] 

Art.  2922.  Disqualifications  for  Being  Judges,  Etc.^  or  Mem- 
bers OF  Executive  Committees. — No  one  who  holds  an  office  of  profit 
or  trust  under  the  United  States  or  this  State,  or  in  any  city  or  town  in 
this  State,  except  a  notary  public,  or  who  is  a  candidate  for  office,  or 
who  has  not  paid  his  poll  tax,  shall  act  as  judge,  clerk,  or  supervisor 
of  any  election,  nor  as  chairman  nor  as  member  of  an  executive  com- 
mittee, either  for  the  State  or  any  district  or  county.     [Id.  sec.  60.] 


6  Electiox  Laws  of  Texas. 

Art.  2923.  Supervisors  of  Elections^  Appoixtmext,  Etc.,  Pow- 
ers AND  Duties. — The  chairman  of  the  county  executive  committee,  for 
each  political  party  that  has  candidates  on  the  official  ballot,  or  if  he 
fails  to  act,  any  three  members  of  such  committee,  may,  not  less  than 
five  days  before  the  general  election,  nominate  one  supervisor  of  election 
for  each  voting  precinct,  who  has  paid  his  poll  tax,  by  presenting  his 
name  to  the  county  judge,  who  shall  indorse  his  approval  on  the  cer- 
tificate of  his  nomination  if  he  is  a  reputable  citizen,  but  not  otherwise. 
And  thereupon,  on  his  presenting  such  nomination  and  its  approval  to 
the  presiding  judge  of  the  precinct,  he  shall  be  permitted  to  sit  conve- 
niently near  the  judges,  so  that  he  can  observe  the  conduct  of  the  election, 
including  the  counting  of  the  votes,  the  locking  and  sealing  of  the  ballot 
boxes,  their  custody  and  safe  return.  He  shall  not  be  permitted  to  enter 
into  any  conversation  with  the  judges  or  clerks  regarding  the  election 
while  it  is  progressing,  except  to  call  the  attention  of  the  judges  or 
clerks  to  any  irregularity  or  violation  of  the  law  that  he  may  observe. 
Before  he  shall  be  permitted  to  act  as  supervisor,  he  shall  take  an  oath, 
to  be  administered  by  the  presiding  judge,  that  he  will  mention  and 
note  any  errors  he  may  see  in  testing  or  counting  the  votes,  and  that  he 
will  well  and  .truly  discharge  his  duties  as  supervisor  impartially,  and 
will  report  in  writing  all  violations  of  the  law  and  irregularities  that  he 
may  observe  to  the  next  grand  jury.     [Id.  sec.  59.] 

Art.  2924.  Supervisors,  Appointed,  How,  Etc.  ;  Duties. — Any  one- 
fifth  of  the  candidates  whose  names  appear  on  the  official  ballot  may, 
on  the  day  preceding  the  election  or  prior  thereto,  agree  in  writing 
signed  by  them  upon  two  supervisors  who,  when  selected,  shall  be  sworn 
as  election  officers.  Said  supervisors  shall  be  qualified  voters  of  the  county 
in  which  they  may  serve  as  such  supervisors.  Said  supervisors,  while 
the  election  is  being  held,  shall  remain  in  view  of  the  ballot  boxes  until 
the  count  is  concluded.  It  shall  be  their  duty  to  be  present  at  the 
marking  of  the  ballot  of  any  voter,  by  the  judge  of  said  election,  not 
able  to  make  his  own  ballot,  to  see  that  said  ballot  is  marked  in  accord- 
ance with  the  wishes  of  the  voter;  and  it  shall  further  be  their  duty 
to  see  that  each  and  every  ballot  is  correctly  called.  The  said  supervisors 
shall  note  any  and  all  fraud  or  irregularity  occurring,  and  report  same 
to  the  next  grand  jurv.  [Acts  1905,  1  S.  S.,  p.  552.  Acts  1909,  2 
S.  S.,  p.  451,  sec.  12.]  " 

[Note. — For  appointment  of  officers  and  supervisors  of  election  in 
cities,  towns,  etc.,  see  Arts.  2934  and  785.] 

Art.  2925.  Compensation  of  Judges  and  Clerks. — Judges  and 
clerks  of  general  and  special  elections  shall  be  paid  two  dollars  a  day 
each;  and  the  judge  who  delivers  the  returns  of  election,  immediately 
after  the  votes  have  been  counted,  shall  be  paid  two  dollars  for  that 
service;  provided,  the  polling  place  of  his  precinct  is  at  least  two  miles 
from  the  court  house  and  provided,  also,  he  shall  make  returns  of  all 
election  supplies  not  used  when  he  makes  return  of  the  election.  [Acts 
1905,  1  S.  S.,  p.  557,  sec.  146.] 

Art.  2926.  [1752]  Compensation  of  Judges  and  Clerks. — The 
compensation  of  judges  and  clerks  of  general  and  special  elections  shall 
be  paid  by  the  county  treasurer  of  the  county  where  such  services  are 
rendered,  upon  the  order  of  the  commissioners  court  of  such  county; 


Election  Laws  of  Texas.  7 

provided,  twelve  working  hours  shall  be  considered  a  day  within  the 
meaning  of  this  article. 

Art.  2927.  Precincts,  Order  Defining  to  Be  Served  on  Precinct 
Judges. — Precinct  judges  for  all  general  elections  shall  be  served  with 
copies  of  the  order  of  the  county  commissioners  court,  properly  certified  to 
by  the  clerk  of  the  said  court,  designating  the  number,  name  and  bounds 
of  tlie  eletion  precinct  and  of  their  appointment  as  judges.  Such  service 
shall  be  made  by  the  sheriff  or  a  constable  within  ten  days  after  the 
entry  of  such  order,  and  return  shall  be  made  thereof  on  a  copy  showing 
when,  where  and  how  he  executed  the  same.     [Id.  sec.  11.] 

Art.  2928.  [1708]  [1665b]  Presiding  Officers  in  Unorganized 
Counties. — It  shall  be  the  duty  of  the  commissioners  court  to  which  any 
unorganized  county  is  attached  for  judicial  purposes  to  appoint  some 
suitable  person  in  each  of  such  unorganized  counties  to  serve  as  a  pre- 
siding officer  of  elections  in  said  unorganized  county ;  which  appointment 
shall  be  made  in  the  same  manner  as  in  the  appointment  of  presiding 
officers  in  election  precincts  in  organized  counties.     [Acts  of  1881,  p.  97.] 

ORDEEINO  ELECTIONS,  ETC. 

Article  2929.  Proclamation  of  Election  by  Governor. — Notice 
shall  be  given  to  the  people  of  all  elections  for  State  and  district  officers, 
electors  for  President  and  Vice-President  of  the  United  States,  members 
of  Congress,  Members  of  the  Legislature  and  all  officers  who  are  elective 
every  two  years.  Such  notices  shall  be  by  proclamation  by  the  Governor 
ordering  the  election,  not  less  than  thirty  days  before  the  election,  issued 
and  mailed  to  the  several  county  judges.  [Acts  1905,  1  S.  S.,  p.  528, 
sec.  30.] 

Art.  2930.  Order  for  Election  by  County  Judge,  Etc.  ;  Writs  of 
Election,  Etc. — The  county  judge,  or  if  his  office  is  vacant,  or  if  he 
fails  to  act,  then  two  of  the  county  commissioners  shall  order  an  election 
for  county  and  precinct  officers,  and  all  other  elections  which  under 
the  law  the  county  judge  may  be  authorized  to  order.  The  county 
judge,  or  county  commissioners,  as  the  case  may  be,  shall  issue  writs 
of  election  ordered  by  him  or  them,  in  which  shall  be  stated  the  office 
or  offices  to  be  filled  by  the  election  or  the  question  to  be  voted  on,  or 
both,  as  the  case  may  be,  and  the  day  of  election.     [Id.  sec.  31.] 

Art.  2931.  [1725]  [1682]  Writs  of  Election,  How  Served, 
Etc. — The  writs  of  election  and  copies  of  the  form  of  returns  shall  be 
delivered  to  the  sheriff  of  the  county,  who  shall,  previous  to  the  day 
of  election,  deliver  the  same  to  the  presiding  officer  of  each  election 
precinct  in  which  the  election  is  ordered  to  be  held,  and  in  case  there 
be  no  presiding  officer  in  any  such  election  precinct,  the  writ  and  form 
shall  be  delivered  to  the  qualified  voter  of  such  election  precinct  who 
resides  at  or  nearest  to  the  voting  place  in  such  precinct. 

Art.  2932.  Invalidated — Election  Not;  How. — A  failure,  from 
any  cause,  on  the  part  of  the  Governor  or  the  county  judge  or  commis- 
sioners court,  or  of  both  to  order  or  give  notice  of  any  general  election 
shall  not  invalidate  the  same  if  otherwise  legal  and  regular.     [Id.] 


8  Election  Laws  of  Texas. 

Art.  2933.  Notice  of  Election;  by  Whom  Given;  Eequirements 
As  to. — The  county  judge,  or  if  he  fails  to  act,  then  two  county  com- 
missioners, shall  cause  notice  of  a  general  election  or  any  special  election 
to  be  published  by  posting  notice  of  election  at  each  precinct  thirty 
days  before  the  election;  which  notice  shall  state  the  time  of  holding 
the  election,  the  office  to  be  filled,  or  the  question  to  be  voted  on,  as  the 
case  may  be ;  provided,  that  in  local  option,  stock  law,  and  road  tax  elec- 
tions, the  notices  of  elections,  or  any  other  special  election  specially  pro- 
vided for  by  the  laws  of  this  State,  shall  be  given  in  compliance  with 
the  requirements  of  laws  heretofore  or  hereafter  enacted  governing  said 
elections  respectively;  and  provided,  also,  that  if  a  vacancy  occurs  in 
the  State  Senate  or  House  of  Eepresentatives  during  the  session  of  the 
Legislature,  or  within  ten  days  before  it  convenes,  then  twenty  days 
notice  of  a  special  election  to  fill  such  vacancy  shall  be  sufficient.  Posting 
of  notice  of  an  election  shall  be  made  by  the  sheriff  or  a  constable,  who 
shall  make  return  on  a  copy  of  the  writ,  how  and  when  he  executed  the 
same.     [Id.  sec.  33.] 

Art.  2934.  In  Cities,  Towns,  Etc.,  Ordering  Elections,  Notice, 
Officers,  Supervisors. — In  all  city,  town  and  village  elections,  the 
mayor,  or  if  he  fails  to,  then  the  board  of  aldermen  or  the  officials 
in  whom  authority  is  vested  by  law,  shall  order  elections  pertaining 
alone  to  municipal  affairs,  give  notice  and  appoint  election  officers  to 
hold  the  election,  unless  a  different  method  be  prescribed  by  the  charter 
of  such  city,  town  or  village ;  but,  in  all  cases,  supervisors  may  be  selected 
as  in  general  elections,  and  the  judges  and  clerks  shall  each  be  selected 
from  different  political  parties  when  practicable.     [Id.  sec.  34.] 

Art.  2935.  Vacancy^  Order  for  Election  to  Fill^  Etc. — In  all 
cases  of  vacancy  in  a  civil  office  in  the  State,  caused  by  death  or  resigna- 
tion or  otherwise,  the  vacancy  of  which  is  to  be  filled  by  election,  the 
officer  or  officers,  authorized  by  this  title  to  order  elections  shall  imme- 
diately make  such  order,  fixing  the  day,  not  exceeding  thirty  days  after 
the  first  public  notice  of  such  order  to  fill  the  unexpired  term,  and  cause 
like  notice  to  be  given  and  issue  writs  as  provided  for  in  general  elections. 
[Id.  sec.  35.] 

Art.  2936.  [1805]  [1754]  In  Case  of  a  Tie  Another  Election 
Shall  Be  Held. — Whenever,  at  any  election,  there  shall  be  an  equal 
number  of  votes  given  to  two  or  more  persons,  for  the  same  office,  except 
executive  offices  as  provided  in  the  Constitution,  and  no  one  elected  there- 
to, the  officer  to  whom  the  returns  are  made  shall  declare  such  election 
void  as  to  such  office  only,  and  shall  immediately  order  another  election  to 
fill  such  office;  and  notice  shall  be  given,  and  such  other  election  shall 
be  held  in  the  same  manner  as  is  provided  in  other  elections.  [Act  Aug. 
23,  1876,  p.  310,  sec.  24.     P.  D.  3606.] 

Art.  2937.  Forms  of  Blanks  Furnished  by  Secretary  or  State. 
— The  Secretary  of  State  shall,  at  least  thirty  days  before  the  general 
election,  prescribe  to  the  county  judge  of  each  county  forms  of  all  blanks 
necessarv  under  this  title.     [Acts  1905,  S.  S.,  p.  528,  sec.  32.] 


Election  Laws  of  Texas. 


SUFFEAGE. 


Article  2938.     Qualifications  for  Voting;  Who  Not  Qualified. — 

The  following  classes  of  persons  shall  not  be  allowed  to  vote  in  this  State : 

1.  Persons  under  twenty-one  years  of  age. 

2.  Idiots  and  Innaties. 

3.  All  paupers  supported  by  the  county. 

4.  All  persons  convicted  of  any  felony,  except  those  restored  to  full 
citizenship  and  right  of  suffrage,  or  pardoned. 

5.  All  soldiers,  marines  and  seamen  employed  in  the  service  of  the 
army  or  navy  of  the  United  States.     [Acts  1905,  1  S.  S.,  p.  520,  sec.  1.] 

Art.  2939.  [1731]  Qualifications  for  Voting;  Who  Qualified. 
— Every  male  person  subject  to  none  of  the  foregoing  disqualifications 
who  shall  have  attained  the  age  of  twenty-one  years,  and  who  shall  be  a 
citizen  of  the  United  States,  and  who  shall  have  resided  in  this  State 
one  year  next  preceding  an  election,  and  the  last  six  months  within  the 
district  or  county  in  which  he  offers  to  vote,  shall  be  deemed  a  qualified 
elector;  and  every  male  person  of  foreign  birth,  subject  to  none  of  the 
foregoing  disqualifications,  who  has  not  less  than  six  months  before  an 
election  in  which  he  offers  to  vote,  declared  his  intention  to  become  a 
citizen  of  the  United  States,  in  accordance  with  the  Federal  naturaliza- 
tion laws,  and  shall  have  resided  in  this  State  one  year  next  preceding 
such  election  and  the  last  six  months  in  the  county  in  which  he  offers 
to  vote,  shall  also  be  deemed  a  qualified  voter;  and  all  electors  shall 
vote  in  the  voting  precinct  of  their  residence ;  provided,  that  the  electors 
living  in  an  unorganized  county  may  vote  at  an  election  precinct  in  the 
county  to  which  such  county  is  attached  for  judicial  purposes;  and  pro- 
vided, further,  that  any  voter  who  is  subject  to  pay  his  poll  tax  under 
the  laws  of  the  State  of  Texas  or  ordinances  of  any  city  or  town  in  this 
State,  shall  have  paid  said  tax  before  he  offers  to  vote  at  any  election  in 
this  State,  and  hold  a  receipt  showing  the  payment  of  his  poll  tax  before 
the  first  day  of  February  next  preceding  such  election ;  and,  if  he  is  ex- 
empt from  paying  a  poll  tax  and  resides  in  a  city  of  ten  thousand  inhabi- 
tants or  more,  he  must  procure  a  certificate  showing  his  exemption,  as  re- 
quired by  this  title.  Or,  if  such  voter  shall  have  lost  or  misplaced  said  tax 
receipt,  he  shall  be  entitled  to  vote,  upon  making  affidavit  before  any 
officer  authorized  to  administer  oaths  that  such  tax  was  actually  paid 
by  him  before  said  first  day  of  February  next  preceding  such  election 
at  which  he  offers  to  vote,  and  that  said  receipt  has  been  lost.  Such 
affidavit  shall  be  made  in  writing  and  left  with  the  judge  of  the  election. 
Provided,  that  in  any  election  held  only  in  a  subdivision  of  a  county  for 
the  purpose  of  determining  any  local  question  or  proposition  affecting 
only  such  subdivision  of  the  county,  then,  in  addition  to  the  foregoing 
qualifications,  the  voter  must  have  resided  in  said  subdivision  of  the 
county  for  six  months  next  preceding  such  election.     [Id.  sec.  2.] 

Art.  2940.  Qualifications  for  Voting  in  City  Elections. — All 
qualified  electors  of  this  State, -as  described  in  Articles  2938  and  2939, 
who  shall  have  resided  for  six  months  immediately  preceding  an  election 
within  the  limits  of  any  city  or  incorporated  town  shall  have  a  right  to 
vote  for  mavor  and  all  other  elective  officers;  but,  in  all  elections  to  de- 


10  Electiox  Laws  of  Texas. 

terinine  the  expenditure  of  money  or  assumption  of  debt,  or  issuance  of 
bonds,  only  those  shall  be  qualified  to  vote  who  pay  taxes  on  property 
in  such  city  or  incorporated  town;  provided,  that  no  poll  tax  for  the 
payment  of  debts  thus  incurred  shall  be  levied  upon  the  person  debarred 
from  voting  in  relation  thereto.      [Id.  sec,  3.] 

Art.  2941.  "Kesidexce''  Defined. — The  "residence"  of  a  single  man 
is  where  he  usually  sleeps  at  night:  that  of  a  married  man  is  where  his 
wife  resides,  or  if  he  be  permanently  separated  from  his  wife,  liis  resi- 
dence is  where  he  sleeps  at  night ;  provided,  that  the  residence  of  one 
who  is  an  inmate  or  officer  of  a  public  asylum  or  eleemosynary  institute, 
or  who  is  employed  as  a  clerk  in  one  of  the  departments  of  government 
at  the  capital  of  this  State,  or  who  is  a  student  of  a  college  or  university, 
unless  such  officer,  clerk,  inmate  or  student  has  become  a  bona  lide  resi- 
dent citizen  in  the  county  where  he  is  employed,  or  is  such  student, 
shall  be  construed  to  be  where  his  home  was  before  he  became  such  in- 
mate or  officer  in  such  eleemosynary  institution  or  asylum  or  was  em- 
ployed as  such  clerk  or  became  such  student ;  and,  if  on  payment  of  his 
poll  tax  he  would  be  a  qualified  voter,  he  shall  be  permitted  to  return 
during  the  month  of  January  in  each  year  to  his  home  to  pay  his  poU 
tax  or  obtain  his  certificate  of  exemption,  and  shall  be  permitted  to 
return  again  to  his  home  to  vote  at  any  general  or  primary  election.  The 
inmates  of  the  Confederate  Home  situate  within  the  limits  of  the  city 
of  Austin  shall,  after  obtaining  their  certificates  of  exemption,  be  entitled 
to  vote  for  State,  district,  municipal  and  county  officers.     [Id.  sec.  4.] 

Art.  2942.  Poll  Tax  Collected  From  Whom;  Whex  Paid;  Re- 
ceipt.— The  poll  tax  required  by  the  Constitution  and  laws  in  force 
shall  be  collected  from  every  male  person  between  the  ages  of  twenty-one 
and  sixty  who  resided  in  this  State  on  the  first  day  of  January  preceding 
its  levy,  Indians  not  taxed,  persons  insane,  blind,  deaf  or  dumb  and 
those  who  have  lost  a  hand  or  foot,  or  permanently  disabled,  excepted; 
which  tax  shall  be  collected  and  accounted  for  by  the  tax  collector  each 
year  and  appropriated  as  required  by  law.  It  shall  be  paid  at  any  time 
between  the  first  day  of  October  and  the  first  day  of  February  following ; 
and  the  person,  when  he  pays  it,  shall  be  entitled  to  his  poll  tax  receipt, 
even  if  his  other  taxes  are  unpaid.     [Id.  sec.  12.] 

Art.  2943.  Poll  Tax,  Who  Not  Required  to  Pay.— Every  male 
person  who  is  more  than  sixty  years  old  or  who  is  blind  or  deaf  and 
dumb,  or  is  permanently  disabled,  or  has  lost  one  hand  or  foot,  shall  be 
entitled  to  vote,  without  being  required  to  pay  a  poll  tax,  if  he  has  ob- 
tained his  certificate  of  exemption  from  the  county  collector  when  the 
same  is  required  by  the  provisions  of  this  title.     [Id.  sec.  6.] 

Art.  2944.  Mode  of  Paying  Poll  Tax. — If  the  taxpayer  does  not 
reside  in  a  city  of  ten  thousand  inhabitants  or  more,  his  poll  tax  must 
either  be  paid*^by  him  in  person  or  by  some  one  duly  authorized  by  him 
in  writing  to  pay  the  same,  and  to  furnish  the  collector  the  information 
necessary  to  fill  out  the  blanks  in  the  poll  tax  receipt.  Such  authority 
and  information  must  be  signed  by  the  p^rty  who  owes  the  poll  tax,  and 
must  be  deposited  with  the  tax  collector  and  filed  and  preserved  by  him. 
[Id.  sec.  16.] 


Election  Laws  of  Texas.  11 

Art.  2945.  Same  Subject. — In  all  cases  where  the  taxpayer  resides 
in  a  city  of  ten  thousand  inhabitants  or  more,  the  tax  must  be  paid  in 
person  by  the  taxpayer  entitled  to  the  receipt,  except  as  provided  by 
this  article.  If  a  person  residing  in  a  city  of  ten  thousand  inhabitants 
who  is  subject  to  pay  a  poll  tax,  intends  to  leave  the  precinct  of  his  res- 
idence before  the  first  day  of  October,  with  the  intention  not  to  return 
until  after  the  first  day  of  the  following  February,  and  does  not  return 
before  that  time,  he  shall  be  entitled  to  vote,  if  possessing  all  other  legal 
qualifications,  by  paying  his  poll  tax  or  obtaining  his  certificate  of  exemp- 
tion through  an  agent  authorized  by  him  in  writing,  which  shall  state 
truly  his  intention  to  depart  from  the  precinct,  the  expected  period  of  his 
absence,  and  every  fact  necessary  to  enable  the  tax  collector  to  fill  the 
blanks  in  his  receipt.  Such  authority,  in  fact,  must  be  sworn  to  by 
the  citizen  and  certified  to  by  some  officer  authorized  to  administer 
oaths.  It  shall  be  deposited  with  the  tax  collector  and  kept  in  his  office. 
[Id.  sees.  16  and  25.] 

Tax  Eeceipt  Not  to  Be  Delivered  to  Agent,  Etc. — When,  in  cases 
permitted  by  this  title,  the  tax  is  paid  by  an  agent,  the  tax  receipt  shall 
not  be  delivered  to  such  agent,  but  shall  be  sent  by  mail  to  the  tax- 
payer or  kept  and  delivered  to  him  in  person  by  the  tax  collector.  [Id. 
sec.  16.] 

Art.  2946.  Candidate,  Etc.,  Not  to  Pay  Poll  Tax  of  Another; 
Provided,  Etc. — In  no  event  shall  any  candidate  for  office  pay  the  poll 
tax  for  another.  And  no  person  shall  for,  or  on  behalf  of,  any  candidate 
for  office  or  person  interested  in  any  question  to  be  voted  on,  pay  the 
poll  tax  for  another;  provided,  that  any  person  who  has  bought  the 
property  of  another,  which  property  is  legally  bound  for  the  payment 
of  any  poll  tax,  may  pay  the  poll  tax  of  such  former  owner;  but  the 
collector  in  such  case  shall  not  issue  a  poll  tax  receipt  authorizing  any 
person  to  vote,  but  si i all  give  the  party  paying  the  same  an  ordinary 
memorandum  receipt  therefor;  but  such  memorandum  receipts  shall  not 
state  either  the  race,  occupation  or  residence  of  the  taxpayer.  [Id. 
sec.  16.] 

Art.  2947.  No  One  to  Give  Money  to  Anoiher  to  Pay  Poll  Tax. 
— No  one  shall  knowingly  give  money  to  a  citizen  to  pay  his  poll  tax. 
[Id.  sec.  27.] 

Art.  2948.  No  One  to  Keep  Poll  Tax  of  Another,  Except. — 
No  one  shall  keep  the  poll  tax  receipt  of  another  person  in  his  possession 
or  under  his  control,  except  in  cases  specially  authorized  by  law.  [Id. 
sec.  27.]  •  ■ 

Art.  2949.  Poll  Tax  Eeceipt  Shall  Show  What. — Each  poll  tax 
receipt  and  its  duplicate  shall  show  the  name  of  the  party  for  whom 
it  was  issued,  the  payment  of  the  tax,  age,  his  race,  the  length  of  time 
he  has  resided  in  the  State,  the  length  of  time  he  has  resided  in  the 
county,  the  voting  precinct  in  which  he  lives,  except  when  he  lives  in  an 
unorganized  county,  his  occupation,  his  postoffice  address,  or,  if  he  lives 
in  an  incorporated  city,  ward,  street  and  number  of  his  residence,  if 
numbered,  and  the  length  of  time  he  has  resided  in  such  city  or  town. 
[Id.  sec.  16.] 


1^  Election^  Laws  of  Texas. 

Art.  2950.  Poll  Tax  Receipt,  Form  of.— The  poll  tax  receipt  shall 
be  in  the  following  form,  and  numbered  consecutively  in  each  book  pro- 
vided for  in  this  title: 

POLL  TAX  receipt. 

No 

State  of  Texas,  county  of 

Received  of on  the day  of 

; A.  D.  19 ,  the  sum  of dollars, 

in  payment  of  poll  tax  for  the  year  A.  D.  19.  .  .  .-. 

The  said  taxpayer  being  duly  sworn  by  me,  says  that  he  is 

years  old,  that  he  resides  in  voting  precinct  No in 

county,  that  his  race  is.  . ,  that  he  has  resided  in  Texas 

years,  and  in county years,  that 

he  is  by  occupation ,  that  his  postoffice  address  is 

(If  in  an  incorporated  city  or  town,  a  blank  must  be  provided  for 
the  ward,  street^  and  number  of  residence  in  lieu  of  his  postoffice  address, 
and  length  of  time  he  has  resided  in  such  city  or  town.) 

All  of  which  I  certify. 

(Seal)  (Signed)   

Tax  Collector County,  Texas. 

[Id.  sec.  18.] 

Art.  2951.  Poll  Tax  Receipt,  Etc.,  in  Case  of  Removal  to  An- 
other Ward  of  City  Oa^er  10,000. — If  a  citizen  in  a  city  of  ten  thou- 
sand inhabitants,  after  receiving  his  poll  tax  receipt  or  certificate  of  ex- 
emption, removes  to  another  ward  in  the  same  city  before  the  next  elec- 
tion, he  may  vote  at  any  general  election  in  the  ward  of  his  new  residence 
by  presenting  his  poll  tax  receipt  or  certificate  of  exemption  to  the  pre- 
cinct election  judges,  or  by  making  affidavit  that  it  has  been  lost  or  mis- 
placed; which  affidavit  shall  be  left  with  the  judges  and  be  forwarded 
with  the  election  returns.  But,  in  all  such  cases,  if  the  removal  was  to 
the  ward  of  his  new  residence  in  the  same  city  before  the  certified  list 
of  voters  was  delivered  to  the  precinct  judges,  he  shall  appear  before  the 
collector  of  taxes  not  less  than  five  days  before  such  election  or  primary 
election,  and  obtain  a  corrected  receipt  or  certificate ;  and  his  name  shall 
be  added  to  the  list  of  voters  for  the  precinct  of  his  new  residence;  and 
he  shall  not  vote  in  that  event,  unless  his  name  appears  on  the  certified 
list  of  voters.     [Id.  sec.  21.] 

Art.  2952.  Poll  Tax  Receipt  in  Case  of  Removal  to  Another 
County  or  Precinct;  Proviso. — If  a  citizen,  after  receiving  his  poll 
tax  receipt  or  certificate  of  exemption,  removes  to  another  county  or  to 
another  precinct  in  the  same  county,  he  may  vote  at  an  election  in  the 
precinct  of  his  new  residence  in  such  other  county  or  precinct  by  pre- 
senting his  poll  tax  receipt  or  his  certificate  of  exemption  or  his  written 
affidavit  of  its  loss  to  the  precinct  judges  of  election,  and  stating  in  such 
affidavit  where  he  paid  such  poll  tax  or  received  such  certificate  of  ex- 
emption, and  by  making  oath  that  he  is  the  identical  person  described  in 
such  poll  tax  receipt  or  certificate  of  exemption,  and  that  he  then  resides 
in  the  precinct  where  he  offers  to  vote  and  has  resided  for  the  last  six 


Election  Laws  of  Texas.  13 

iDonths  in  the  district  or  county  in  which  he  offers  to  vote  and  twelve 
months  in  the  State.  But  no  such  person  shall  be  permitted  to  vote  in  a 
city  of  ten  thousand  inhabitants  or  more,  unless  he  has  first  presented 
to  the  tax  collector  of  his  residence  a  tax  receipt  or  certificate,  not  less 
than  four  days  prior  to  such  election  or  primary  election  or  made  affidavit 
of  its  loss  and  stating  in  such  affidavit  where  he  paid  such  poll  tax  or 
received  such  certificate  of  exemption;  and  the  collector  shall  thereupon 
add  his  name  to  the  list  of  qualified  voters  of  the  precinct  of  his  new 
residence;  and,  unless  such  voter  has  done  this  and  his  name  appears 
in  the  certified  list  of  voters  of  the  precinct  of  his  new  residence,  he 
shall  not  vote.     [Id.  sec.  2-2.] 

Art.  2953.  Exemption  Certificate  in  Cities  Over  10,000;  Ee- 
QCJisiTEs,  Etc.;  Form. — Every  person  who  is  exempted  by  law  from  the 
payment  of  a  poll  tax  and  who  is  in  other  respects  a  qualified  voter,  who 
resides  in  a  city  of  ten  thousand  inhabitants  or  more,  shall,  after  the 
first  day  of  October  and  before  the  first  day  of  February  following, 
before  he  offers  to  vote,  obtain  from  the  tax  collector  of  the  county  of 
his  residence  a  certificate  showing  his  exemption  from  the  payment  of  a 
poll  tax.  Such  exempt  person  shall,  on  oath,  state  his  name,  county  of 
his  residence,  occupation,  race,  age,  the  length  of  time  he  has  resided 
in  Texas,  the  length  of  time  he  has  resided  in  the  county  and  the  length 
of  time  he  has  resided  in  the  city,  and  the  ward  and  voting  precinct 
in  Avhich  his  residence  is  located,  the  street  and  number  of  his  residence, 
if  numbered.  He  shall  also  state  the  grounds  on  which  he  claims  exemp- 
tion from  the  payment  of  a  poll  tax.  Such  certificate  shall  be  detached 
from  said  book,  leaving  thereunder  a  duplicate  carbon  or  other  copy 
thereof  which  shall  contain  the  same  description;  and  the  original  shall 
be  delivered,  bearing  its  proper  number,  to  the  citizen  in  person  to 
identify  him  in  voting.  Certificates  of  exemption  for  each  precinct  shall 
be  numbered  consecutivel}^,  beginning  at  one.  They  shall  be  in  the  fol- 
lowing form : 

certificate  of  EXEMPTION  FROM   POLL  TAX. 

No 

State  of  Texas,  county  of   

1 ,  tax  collector  for  said  county,  Texas,  do 

hereby  certify  that personally  appeared  before 

me  on  the day  of A.  D , 

and  being  sworn,  said  his  name  is ,  that  his  race  is 

,  that  he  is years  old,  that  his  occupation  is 

,  that  he  has  resided  in  Texas  for 

years,  in  the  county  of for years, 

and  in  the  city  of for years, 

that  he  now  resides  in  precinct  No ,  in  ward  No ; 

and  on street,  -and  in  house  No 

(if  numbered) ;  that  he  is  exempt  from  the  payment  of  the  poll  tax  by 

reason  of and  that  he  is  a  qualified  voter 

under  the  Constitution  and  laws  of  Texas. 

(Seal)  (Signed) 

Tax  Collector county,  Texas. 

[Id.  sec.  19.] 


14  Election  Laws  of  Texas. 

Art.  2954.  MixoR  Reachixg  Majority  Between  February  1,  axd 
Eleottox  Day,  Certificate. — Every  male  person  who  will  reach  the 
age  of  twenty-one  years  after  the  first  day  of  February  and  before  the 
day  of  a  following  election  at  which  he  wishes  to  vote,  and  who  possesses 
all  the  other  qualifications  of  a  voter  shall  be  entitled  to  vote  at  such 
election,  if  he  has  obtained  a  certificate  of  exemption  from  the  county 
collector  before  the  first  day  of  February,  which  shall  specify  the  day 
when  he  will  be  twenty-one  years  old,  and  contain  all  the  other  requisites 
of  a  certificate  of  exemption.  Before  the  certificate  of  exemption  shall 
issue,  the  applicant  therefor  shall  make  written  affidavit  of  his  age, 
to  be  administered  and  certified  to  by  the  county  collector,  who  shall  file 
and  preserve  the  same.     [Id.  sec.  23.] 

Art.  2955.  Poll  Tax  ix  ITxorgaxized  Couxties. — The  poll  tax  clue 
from  citizens  of  unorganized  counties  shall  be  paid  in  the  county  to  which 
the  unorganized  county  is  attached  for  judicial  purposes.     [Id.  sec.  13.] 

Art.  2956.  Poll  Tax  Receipt,  Etc.,  Books,  Furxished  by  Com- 
MissioxERs  to  Collector;  Requisites. — The  commissioners  court  of 
each  county  shall,  before  the  first  day  of  October  every  year,  furnish 
to  the  county  tax  collector  a  blank  book  for  each  voting  precinct,  which 
shall  be  marked  v/ith  the  name  and  number  of  the  precinct  for  which  it 
is  intended.  Each  book  shall  contain  a  sufficient  number  of  blank  poll 
tax  receipts  for  each  voting  precinct  not  in  a  city  of  ten  thousand  inhabi- 
tants or  more,  and  not  exceeding  three  hundred  and  fifty  blank  poll  tax 
receipts  and  certificates  of  exemptions  for  each  precinct  in  a  city  of  ten 
thousand  inhabitants  or  more,  of  which  not  more  than  sixty  shall  be  certi- 
ficates of  exemptions,  and  a  greater  or  less  number  of  each  in  the  same 
proportion  when  sufficient  for  the  voters  of  the  precinct.  Each  receipt  and 
certificate  shall,  in  each  such  book,  be  bound  immediately  over  a  duplicate 
copy  thereof ;  which  duplicate  copy,  when  filled  out,  shall  correspond  with 
the  receipt  or  certificate  in  its  number,  the  name,  length  of  residence  in 
the  State  or  county,  the  voting  precinct,  race,  occupation  and  postoffice  ad- 
dress of  the  citizen  to  whom  the  tax  receipt  or  certificate  of  exemption 
is  given.  If  the  voting  is  in  a  city,  the  receipt  or  certificate  and  duplicate 
must  show  the  ward,  street  and  number,  if  numbered,  of  the  citizen's 
residence  (in  lieu  of  postoffice  address)  ;  and  the  length  of  time  he  has 
resided  in  such  city.  The  receipts  and  certificates  shall  be  numbered  in 
consecutive  order.  Similar  blank  books  of  poll  tax  receipts  shall  be  fur- 
nished to  each  unorganized  county  attached  to  such  county  for  judicial 
purposes,  except  that  the  voting  precinct  need  not  appear  therein.  When 
the  tax  receipt  or  certificate  is  delivered  to  the  citizen,  it  shall  be  de- 
tached from  the  book  and  retained  by  him  for  his  future  use  and  identifi- 
cation in  voting.     [Id.  sec.  14.] 

Art.  2957.  Poll  Tax  Deputy  to  Be  Appointed,  Etc.,  in  Certain 
Counties. — In  all  counties  containing  a  city  of  ten  thousand  inhabi- 
tants or  more,  other  than  the  county  seat  of  such  county,  it  shall  be  the 
duty  of  such  collector  to  have  a  duly  authorized  and  sworn  deputy  to 
represent  him  for  the  purpose  of  accepting  poll  taxes  and  giving  receipts 
therefor,  who  shall  keep  his  office  for  such  purpose  at  some  convenient 
place  in  such  city  during  the  entire  month  of  January  of  each  year, 
and  he  shall  publish  four  weeks'  notice  of  the  authority  of  such  deputy 
and  the  location  of  the  office.     [Id.  sec.  17.] 


Electiox  Laws  of  Texas.  15 

Art.  2958.  Collector  May  Administer  Oaths,  Etc. — The  county 
collector  is  authorized  to  administer  oaths  and  certify  thereto  under 
the  seal  of  his  office  in  ev^ry  case  where  an  oath  is  required  in  complying 
with  any  portion  of  this  title  connected  with  his  official  duties.  [Id. 
sec.  24.] 

Art.  2959.  Residence,  Proof  of.  When;  False  Statement  Re- 
ported to  Grand  Jury. — If  the  county  collector  does  not  personally 
know  one  who  applies  to  pay  his  poll  tax  or  secure  his  certificate  of  ex- 
emption from  its  payment,  as  being  a  resident  in  the  precinct  which 
such  person  claims  as  that  of  his  residence,  it  shall  be  the  duty  of  such 
collector  to  require  proof  of  such  residence;  and,  if  he  has  reason  to 
believe  such  person  has  falsely  stated  his  age,  occupation,  precinct  of  his 
residence,  or  the  length  of  his  residence  in  the  State,  county  and  city, 
he  shall  require  proof  of  such  statement ;  and,  if  on  inquiry,  he  is  satisfied 
that  said  person  has  sworn  falsely,  he  shall  make  a  memorandum  of  the 
words  used  in  such  statement,  and  present  the  same  to  the  foreman 
of  the  next  grand  jury.     [Id.  sec.  26.] 

Art.  2960.  False  Swearing  to  Be  Reported  to  Grand  Jury. — 
Whenever  the  county  collector  shall  have  reason  to  believe  that  a  citizen 
who  has  paid  his  poll  tax  or  received  a  certificate  of  exemption  has 
sworn  falsely  to  obtain  the  same,  he  shall  report  the  facts  upon  which 
such  belief  is  founded  to  the  next  grand  jury  organized  in  the  county. 
[Id.  sec.  20.] 

Art.  2961.  Lists  of  Poll  Taxpayers,  Etc.,  Furnished  by  Col- 
lector TO  Board,  and  by  Board  to  Judges;  Requisites. — Before  the 
first  day  of  April  every  year,  the  county  collector  of  taxes  shall  deliver 
to  the  board  that  is  charged  with  the  duty  of  furnishing  election  supplies 
separate  certified  lists  of  the  citizens  in  each  precinct  who  have  paid  their 
poll  tax  or  received  their  certificates  of  exemption,  the  names  being  ar- 
ranged in  alphabetical  order,  and  to  each  name  its  appropriate  number, 
as  shown  by  the  duplicates  retained  in  his  office,  with  a  description  of  the 
voter  as  to  his  residence,  his  voting  precinct,  length  of  his  residence  in 
the  State  and  county,  his  race,  occupation  and  postoffice  address  if  not 
in  a  city  of  more  than  ten  thousand  inhabitants.  If  the  county  has  any 
unorganized  county  or  counties  attached  to  it  for  judicial  purposes,  the 
collector  of  taxes  shall  also  deliver  to  said  board,  before  the  first  day  of 
April  of  each  year,  as  many  certified  lists  of  the  electors  resident  in  such 
unorganized  county  or  counties  who  have  paid  their  poll  tax  or  received 
the  certificate  of  exemption  as  there  are  election  precincts  in  his  county; 
which  lists  shall  be  identical  with  those  of  poll  taxpayers  in  his  own 
county,  except  that  the  voting  precinct  shall  not  be  stated.  The  tax 
collector  of  any  county  containing  a  town  or  city  of  more  than  ten  thou- 
sand inhabitants  shall  also  furnish  to  said  board,  not  less  than  four 
days  prior  to  any  primary  or  general  election,  supplemental  lists  in  the 
form  herein  prescribed,  of  all  poll  taxpaying  voters  who  have,  since 
paying  their  poll  tax,  removed  to  each  voting  precinct  in  each  such  city 
or  town  in  the  county  from  another  county  or  in  another  precinct  in 
the  same  county.  Said  board  sh»l]  furnish  each  presiding  judge  of 
a  precinct  the  certified  list  and  supplemental  list  of  the  voters  of  his 
precinct  at  the  time  when  he  furnishes  other  election  supplies.  Such 
certified  lists  of  qualified  voters  shall  be  in  the  following  form : 


16  Election  Laws  of  Texas, 

voters  in  election  precinct. 

No 

Name    

Precinct   • 

Age    

Length  of  residence  in  State 

Length  of  residence  in  county 

Occupation    " 

Eace 

Length  of  residence  in  city  and  ward 

Street  and  number  of  residence 

Postoffice  address   

[Id.  sec.  15.] 

Art.  2962.  Poll  Tax  Receipts,  Duplicates  to  Be  Securely  Kept, 
Etc. — The  county  collector  shall  keep  securely  in  a  safe  place  the  du- 
plicates for  each  precinct  from  which  such  poll  tax  receipts  and  certifi- 
cates of  exemption  have  been  detached;  and  they  must  remain  there 
except  when  taken  out  for  examination,  which  must  always  be  done  in 
his  presence,  but  they  shall  be  burned  by  the  county  judge  at  the  expira- 
tion of  three  years.     [Id.  sec.  29.] 

Art.  2963.  Poll  Tax  Eeceipts,  Statement  of,  by  Collector. — On 
or  before  the  tenth  day  of  March  of  each  year,  the  collector  of  taxes 
shall  make  statement  to  the  county  clerk  showing  how  many  poll  tax 
receipts  he  has  issued;  said  statement  shall  show  how  many  poll  tax 
receipts  have  been  issued  and  to  whom  issued  in  each  voting  precinct 
in  the  county;  and  such  statement  shall  become  a  record  of  the  county 
commissioners  court.     [Id.  sec.  28.] 

OFFICIAL  BALLOT. 

Article  2964.  Ballot,  Vote  Shall  Be  by;  Numbering;  Safe- 
guards, Etc.;  No  Eegistration ;  Cities  Included. — In  all  elections 
by  the  people,  the  vote  shall  be  by  official  ballot,  which  shall  be  numbered, 
and  elections  so  guarded  and  conducted  as  to  detect  fraud  and  preserve 
the  purity  of  the  ballot.  No  registration  in  cities  with  a  population  of  ten 
thousand  or  more  shall  be  hereafter  required  as  a  qualification  to  vote, 
but  all  the  provisions  of  this  title  which  prescribe  qualifications  for 
voting  and  which  regulate  the  holding  of  elections,  shall  apply  to  elec- 
tions in  cities.     [Acts  1905,  1  S.  S.,  p.  521,  sec.  5.] 

Art.  2965.  Ballot,  Official,  Required;  to  Contain  What. — No 
ballot  shall  be  used  in  voting  at  any  general,  primary  or  special  election 
held  to  elect  public  officers,  select  candidates  for  office  or  determine  ques- 
tions submitted  to  a  vote  of  the  people,  except  the  official  ballot,  unless 
otherwise  authorized  by  law.  At  the  top  of  the  official  ballot  shall  be 
printed  in  large  letters  the  words  "Official  Ballot."  It  shall  contain  the 
printed  names  of  all  candidates  whose  nominations  for  an  elective  office 
have  been  duly  made  and  properly  certified.  The  names  shall  appear  on 
the  ballot  under  the  title  of  the  party  that  nominates  them,  except  as 
otherwise  provided  by  this  title.     [Id.  sec.  46.] 


Election  Laws  of  Texas.  17 

Art.  2966.  No  Candidate  on  Ballot,  Except,  Etc. — No  name 
shall  appear  on  the  official  ballot  except  that  of  a  candidate  who 
Avas  actually  nominated  (either  as  a  party  nominee  or  as  a  non- 
partisan or  independent  candidate)  in  accordance  with  the  provisions 
of  this  title.     [Id.  sec.  118.] 

Art.  2967.  Candidates  of  Certain  Parties  Not  on  Ballot  Un- 
less, Etc. — The  name  of  no  candidate  of  any  political  party  that  cast 
one  hundred  thousand  votes  or  more  at  the  last  preceding  general 
election  shall  be  printed  on  any  official  ballot  for  a  general  election,  unless 
nominated  by  primary  election,  on  primary  election  day,  except  as  herein 
otherwise  provided.     [Id.  sec.  52.] 

Art.  2968.  Vacancy,  Where  Nominee  Declines  or  Dies,  Etc., 
Substitution  on  Ballot,  Etc. — Where  a  nominee  shall  have  declined 
his  nomination,  or  shall  have  died,  and  the  vacancy  so  created  shall 
have  been  filled,  and  such  facts  shall  have  been  certified  in  accordance 
with  the  provisions  of  Article  3172,  thereupon  the  Secretary  of  State 
or  county  judge,  as  the  case  may  be,  shall  promptly  notify  the  official 
board  created  by  this  act  to  furnish  election  supplies  that  such  vacancy 
has  occurred,  and  the  name  of  the  new  nominee  shall  then  be  printed 
upon  the  official  ballot,  if  the  ballots  are  not  already  printed.  If  such 
declination  or  death  of  the  nominee  occurs  after  the  ballots  are  printed, 
or  due  notice  of  the  name  of  the  new  nominee  is  received  after  such 
printing,  the  official  board  charged  with  the  duty  of  furnishing  election 
supplies  shall  prepare  as  many  pasters  bearing  the  name  of  the  new 
nominee  as  there  are  official  ballots,  which  shall  be  pasted  over  the  name 
of  the  former  nominee  on  the  official  ballot  before  the  presiding  judge 
of  the  precinct  indorses  his  name  on  the  ballot  for  identification. 

No  paster  shall  be  used  except  as  herein  authorized,  and  if  otherwise 
used  the  names  pasted  shall  not  be  counted.     [Id.  sec.  50.] 

Art.  2969.  Ballots^  How  Printed;  Form,  Etc.;  Manner  of  Vot- 
ing.— All  ballots  shall  be  printed  with  black  ink  on  clear  white  paper  of 
sufficient  thickness  to  prevent  the  marks  thereon  to  be  seen  through  the 
paper,  and  of  uniform  style.  The  tickets  of  each  political  party  shall  be 
placed  or  printed  on  one  ballot,  arranged  side  by  side  in  columns  sep- 
arated by  parallel  rule.  The  space  which  shall  contain  the  title  of  the 
office  and  the  name  of  the  candidate  (or  candidates,  if  more  than  one  is 
to  be  voted  for  for  the  same  office)  shall  be  of  uniform  st3de  and  type 
on  said  tickets.  At  the  head  of  each  ticket  shall  be  printed  the  name 
of  the  party.  Wlien  a  party  has  not  nominated  a  full  ticket,  the  titles  of 
those  nominated  shall  be  in  position  opposite  to  the  same  office  in  a  full 
ticket,  and  the  titles  of  the  offices  shall  be  printed  in  the  corresponding 
positions  in  spaces  where  no  nominations  have  been  made.  In  the  blank 
columns  and  independent  columns,  the  titles  of  the  offices  shall  be  printed 
in  all  blank  spaces  to  correspond  with  a  full  ticket.  When  presidential 
electors  are  to  be  voted  on,  their  names  shall  appear  at  the  bends  of  their 
respective  tickets.  When  constitutional  amendments  or  other  proposi- 
tions are  to  be  voted  on,  the  same  shall  appear  once  on  each  ballot  in 
uniform  style  and  type.  When  a  voter  desires  to  vote  a  ticket  straight, 
he  shall  run  a  pencil  or  pen  through  all  other  tickets  on  the  official  ballot, 
making  a  distinct  marked  line  through  such  ticket  not  intended  to  be 


18  Election  Laws  of  Texas. 

voted ;  and  when  he  shall  desire  to  vote  a  mixed  ticket  he  shall  do  so  by 
running  a  line  through  the  names  of  such  candidates  as  he  shall  desire 
to  vote  against  in  the  ticket  he  is  voting,  and  by  writing  the  name  of  the 
candidate  for  whom  he  desires  to  vote  in  the  blank  column  and  in  the 
space  provided  for  such  office;  same  to  be  written  with  black  ink  or  pen- 
cil, unless  the  names  of  the  candidates  for  which  he  desires  to  vote  appear 
on  the  ballot,  in  which  event  he  shall  leave  the  same  not  scratched. 
[Id.  sec.  53.] 

[Note. — For  provision,  prohibiting  any  symbol  or  device,  etc.,  on  ballot 
for  primary  or  general  election,  see  Arts.  3096  and  3097.] 

Art.  2970.  Ballot,  Further  Eegulations  As  to. — The  name  of  no 
candidate  shall  appear  more  than  once  upon  the  official  ballot,  except 
as  a  candidate  for  two  or  more  offices  permitted  by  the  Constitution 
to  be  held  by  the  same  person.  The  name  of  the  candidate  nominated 
by  any  political  party  shall  appear  on  the  ballot,  and  under  the  head  of 
the  party  making  such  nomination.     [Id.  sec.  49.] 

Art.  2971.  Constitutional  Amendment  and  Other  Questions, 
How  SuJBMiTTED.— When  a  constitutional  amendment  or  other  question 
submitted  by  the  Legislature  is  to  be  voted  on,  the  form  in  which  it  is 
submitted  shall  be  described  by  the  governor  in  his  proclamation  in  such 
terms  as  to  give  the  voter  a  clear  idea  of  the  scope  and  character  of  the 
amendment,  and  printed  once  at  the  bottom  of  each  ballot  as  described 
by  this  title,  the  words  "for"  and  "against"  under  it;  provided,  the  Leg- 
islature has  failed  to  prescribe  a  form.  If  a  proposition  or  question  is  to 
be  voted  on  by  the  people  of  any  city,  county  or  other  subdivision  of  the 
State,  the  form  in  which  such  proposition  shall  be  voted  on  shall  be  pre- 
scribed by  the  local  or  municipal  authority  submitting  it.     [Id.  sec.  4] 

Art.  2972.  Ballot,  Any,  at  School  Election,  City,  Etc. — At  the 
election  of  school  district  officers  or  school  officers  for  a  cit}^,  town  or 
village,  at  which  no  officer  is  to  be  elected,  or  election  of  officers  of  fire 
departments,  any  ballot  may  be  used  prescribed  by  local  authorities. 
[Id.  sec.  51.] 

Art.  2973.  Ballots,  How  Many  Furnished.^Fot  each  voting  pre- 
cinct, there  shall  be  furnished  one  and  a  half  times  as  many  official 
ballots  as  there  are  qualified  voters  in  the  precinct,  as  shown  by  the  list 
required  to  be  furnished  by  the  tax  collector  to  precinct  judges.  [Id. 
sec.  48.] 

Art.  2974.  Ballots  (Counted)  Etc.,  Delivered  to  Judges. — The 
official  ballots  to  be  counted  before  delivery  and  sealed  up  and  together 
with  the  instruction  cards,  with  poll  lists,  tally  sheets,  distance  markers, 
returning  blanks  and  stationery,  shall  be  delivered  to  the  precinct  judges, 
and  the  number  of  each  indorsed  on  the  package,  and  entered  of  record 
by  the  county  clerk  in  the  minutes  of  the  commissioners  court.  In  like 
manner,  shall  be  sent  the  list  of  qualified  voters  for  the  precinct,  certified 
to  by  the  collector,  if  the  presiding  judge  has  not  already  received  it. 
[Id.  sec.  44.] 

Art.  2975.  Ballots,  Voters  May  Provide  When. — If,  from  any 
cause,  the  official  ballots  furnished  for  an  election  precinct  have  been 
exhausted  or  not  delivered  to  the  precinct  judges,  the  voters  may  provide 


Election  Laws  of  Texas.  19 

their  own  ballot  after  the  style  of  the  official  ballot  described  in  this  title. 
[Id.  sec.  47.] 

SUPPLIES,  ARRANGEMENTS,  AND  EXPENSES  OF  ELECTION. 

Article  2976.  Booths,  Voting,  Required  in  Cities  of  10,000  and 
Over. — Voting  booths  shall  be  furnished  and  used  at  elections  at  each 
voting  precinct  in  towns  or  cities  of  ten  thousand  inhabitants  or  more. 
[Acts  1905,  1  S.  S.,  p.  529,  sec.  37.] 

Art.  2977.  Booths,  Voting,  and  Guard  Rails. — There  shall  be  one 
voting  booth  or  place  for  every  seventy  citizens  who,  at  the  last  general 
election  paid  their  poll  tax  or  obtained  certificates  of  exemption  from  its 
payment,  and  who  reside  in  the  voting  precinct;  provided,  the  judges 
of  the  election  may  provide  as  many  more  booths  and  places  as  they  shall 
deem  necessary.  Each  polling  place,  whether  provided  with  voting  booths 
or  not,  shall  be  provided  with  a  guard  rail,  so  constructed  and  placed  that 
only  such  persons  as  are  inside  of  such  guard  rail  can  approach  the  ballot 
boxes  or  compartments,  places  or  booths  at  which  the  voters  are  to 
prepare  their  votes,  and  that  no  person  outside  of  the  guard  rail  can 
approach  nearer  than  six  feet  of  the  place  where  the  voter  prepares  his 
ballot.  The  arrangement  shall  be  such  that  neither  the  ballot  boxes  nor 
the  voting  booths  nor  the  voters  while  preparing  their  ballots  shall  be 
hidden  from  view  of  those  outside  the  guard  rail,  or  from  the  judges, 
and  yet  the  same  shall  be  far  enough  removed  and  so  arranged  that  the 
voter  may  conveniently  prepare  his  ballot  for  voting  in  secrecy.  There 
shall  be  provided  in  each  voting  place  voting  booths  where  voting  booths 
are  required,  with  three  sides  closed  and  the  front  side  open.  Each  booth 
shall  be  twenty-two  inches  wide  on  the  inside,  thirty-two  inches  deep 
and  six  feet  four  inches  high,  and  shall  contain  a  shelf  for  convenience 
of  the  voter  in  preparing  his  ballot ;  and  the  booths  shall  be  so  constructed 
with  hinges  that  they  can  be  folded  up  for  storage  when  not  in  use. 
[Id.  sec.  38.]    . 

Art.  2978.  Same  Subject. — Every  guard  rail  shall  be  provided  with 
a  place  for  entrance  and  exit.  The  arrangement  of  the  polling  place 
shall  be  such  that  the  booths  or  places  prepared  for  voting  can  only  be 
reached  by  passing  within  the  guard  rail;  and  the  booths,  ballot  boxes, 
election  officers  and  every  part  of  the  polling  place,  except  the  inside 
of  tile  booths,  shall  be  in  plain  view  of  the  election  officers  and  persons 
outside  the  guard  rail,  among  whom  may  be  one  challenger  for  each 
poliiical  party  and  no  more.     [Id.  sec.  40.] 

Art.  2979.  Booths,  Voting.— -The  voting  booths  shall  be  so  arranged 
that  there  shall  be  no  access  to  them  through  any  doors,  window  or 
opening  except  through  the  front  of  the  booth ;  and  the  same  care  shall 
be  observed  in  precincts  Avhere  there  are  no  booths  in  protecting  the 
voter  from  intrusion  while  he  is  preparing  his  ballot.     [Id.  sec.  41.] 

Art.  2980.  Guard  Rails,  and  Screened  Shelf,  Etc.,  When  Booth 
Not  Required. — When  voting  booths  are  not  required,  a  guard  rail  shall 
be  so  placed  that  no  one  not  authorized  can  approach  nearer  than  six 
feet  of  the  voter  while  he  is  preparing  his  ballot ;  and  a  shelf  for  writing 


20  Electiox  Laws  of  Texas. 

shall  be  prepared  for  him,  with  black  lead  pencil,  and  so  screened  that 
no  other  person  can  see  how  he  prepares  his  ballot.  All  booths  and  voting 
places  shall  be  properly  lighted.     [Id.  sec.  42.] 

Art.  2981.  Ballot  Boxes. — For  each  election  precinct,  there  shall 
be  provided  four  ballot  boxes  to  be  marked  as  follows :     "Ballot  box  No. 

1   for  election   precinct  No "    (giving  name  and  number 

of  precinct)  ;  "Ballot  box  No.  2  for  election  precinct  No ;" 

"Ballot  box  No.  3  for  election  precinct  No ;''  "Ballot  box 

No.  4  for  election  precinct  No "     [Id.  sec.  43.] 

Art.  2982.  Ballot  Boxes,  How  Made. — All  ballot  boxes  shall  be 
securely  made  of  metal  or  wood,  provided  with  a  top,  hinges,  lock,  and 
key,  and  an  opening  shall  be  made  at  the  top  of  each  just  large  enough 
to  receive  a  ballot  when  polled.     [Id.  sec.  62.] 

Art.  2983.  Board  to  Provide  Election  Supplies. — The  county 
judge,  county  clerk  and  sheriff  shall  constitute  a  board,  a  majority  of 
whom  may  act,  to  provide  the  supplies  necessary  to  hold  and  conduct  the 
election,  all  of  which  shall  be  delivered  to  the  presiding  judges  of  the 
election  by  the  sheriif  or  any  constable  of  the  county,  when  not  called  for 
and  obtained  in  person  by  the  precinct  judges..    [Id.  sec.  38.] 

Art.  2984.  Ballot  Boxes,  Etc.^  Presiding  Judge  to  Procure, 
When. — If,  from  any  cause,  ballot  boxes,  voting  booths,  guard  rails 
or  other  election  supplies  have  not  been  received  by  the  presiding  judge, 
he  shall  procure  them,  and  they  shall  be  paid  for  as  other  election  sup- 
plies; and,  if  the  certified  list  of  qualified  voters  is  not  in  his  possession 
at  least  three  days  before  the  election,  he  shall  send  for  and  procure  them. 
[Id.  sec.  45.] 

Art.  2985.  Supplies,  Eeport  of  to  County  Commissioners. — For 
all  supplies  furnished  by  the  county  the  board  to  provide  election  supplies 
shall  file  with  the  county  commissioners  court  a  written  report  of  their 
action,  giving  detailed  statement  of  the  expenses  incurred  in  procuring 
such  supplies.     [Id.  sec.  39.] 

Art.  2986.  Collector's  Fees  and  How  Paid. — The  collector  of  taxes 
shall  be  paid  fifteen  cents  for  each  poll  tax  receipt  and  certificate  of 
exemption  issued  by  him,  to  be  paid  pro  rata  by  the  State  and  county 
in  proportion  to  the  amount  of  poll  tax  received  by  each;  and  this 
shall  include  his  compensation,  for  administering  oaths,  furnishing 
certified  lists  of  qualified  voters  in  election  precincts  for  use  in  all 
general  elections  and  primary  conventions,  when  desired,  and  for  all 
duties  required  of  him  under  this  title;  provided,  that  collectors,  whose 
salaries  are  fixed  by  what  is  known  as  the  fee  bill,  shall  receive  ten  cents 
for  each  poll  tax  receipt  and  certificate  of  exemption  issued  by  him ;  and 
such  fees  shall  be  ex  officio  and  not  accountable  under  said  fee  bill. 
[Id.  sec.  144.] 

Art.  2987.  Sheriff's  and  Constable's  Fees. — The  sheriff  or  any 
constable,  for  serving  copies  of  the  order  designating  the  bounds  of  elec- 
tion precincts,  or  the  election  judges,  posting  notices,  and  for  serving  all 
other  writs  or  notices  prescribed  by  this  title,  shall  be  paid  the  amounts 
allowed  by  statutes  for  serving  civil  process.   For  delivering  election  sup- 


Election  Laws  of  Texas.  21 

plies  to  precinct  judges,  when  they  are  not  obtained  by  such  judges  in 
person,  the  sheriff  or  constable  shall  be  paid  such  amount  as  may  be  al- 
lowed by  the  commissioners  court  not  to  exceed  two  dollars  for  each  elec- 
tion precinct.     [Id.  sec.  145.] 

Art.  2988.  Expenses  for  Election  Supplies^  How  Paid. — All  ex- 
penses incurred  in  providing  voting  booths,  stationery,  official  ballots, 
wooden  or  rubber  stamps,  tally  sheets,  polling  lists,  instruction  cards, 
ballot  boxes,  envelopes,  sealing  wax  and  all  other  supplies  required  for 
conducting  a  general  or  special  election  shall  be  paid  for  by  the  county, 
except  the  cost  of  supplying  booths  for  cities,  which  shall  be  provided  for 
as  required  by  former  laws ;  provided,  that  all  accounts  for  supplies  fur- 
nished or  services  rendered  shall  first  be  approved  by  the  county  com- 
missioners court,  except  the  accounts  for  voting  booths  for  cities.  [Id. 
sec  147.J 

Art.  2989.  Expense  of  City  Election  Paid  by  City. — The  ex- 
penses of  all  city  elections  shall  be  paid  by  the  city  in  which  same  are 
held.     [Id.  sec.  45.] 

Art.  2990.  Mayor,  Etc.,  to  Perform  Duties  Kequired  of  County 
Judge,  Etc. — In  all  elections  in  incorporated  cities,  towns  and  villages, 
the  mayor,  the  city  clerk,  the  board  of  commissioners  or  aldermen,  shall 
do  and  perform  each  and  every  act  in  other  elections  required  to  be  done 
and  performed  respectively  by  the  county  judge,  the  county  clerk  or  the 
county  commissioners  court.     [Id.  sec.  45.] 

mannee  of  conducting  elections  and  making 
eeturns  thereof. 

Article  2991.  Oaths  of  Officers  of  Election;  Instruction 
Cards. — Before  opening  the  polls,  the  presiding  judge  of  election  shall, 
in  an  audible  voice,  take  the  following  oath  or  affirmation,  which  shall  be 
uttered  slowly  and  distinctly,  and  each  of  the  other  judges  and  clerks 
shall  repeat  the  same  after  him:  "I  solemnly  swear  (or  affirm)  that 
I  will  not  in  any  manner  request  or  seek  to  persuade  or  induce  any 
voter  to  vote  for  or  against  any  particular  candidate  or  candidates,  or 
for  or  against  any  proposition  to  be  voted  on;  that  I  will  not  keep  or 
make  any  memoranda  or  entry  of  anything  occurring  within  the  booths 
or  polling  places,  as  the  case  may  be,  nor  disclose  how  any  one  whom  I 
am  permitted  to  assist  in  voting  has  voted,  except  I  be  called  on  to  testify 
in  a  judicial  proceeding;  and  that  I  will  faithfully  perform  this  day  my 
duty  as  officer  of  the  election,  and  guard,  as  far  as  I  am  able,  the  purity 
of  the  ballot  box.  So  help  me  God."  [Acts  1905,  1  S.  S.,  p.  533, 
sec.  56.] 

Art.  2992.  Polls,  Preliminary  Arrangement  of  and  Examina- 
tion; Regulations  As  to  Ballots,  Instruction  Cards,  Distance 
Markers;  Notices  As  to  Electioneering,  Loitering,  Etc. — The 
judges  and  clerks  of  election  for  each  precinct  (and  supervisors,  if 
any  have  been  selected)  shall  meet  at  the  polling  place  at  least  half  an 
hour  before  the  time  for  opening  the  polls,  and  shall  proceed  to  arrange 
the  guard  rail,  the  space  within  the  guard  rail,  the  voting  booths   (if 


22  Election  Laws  of  Texas. 

an}^),  and  the  furniture  for  the  orderly  and  legal  conduct  of  the  election. 
The  judges  of  election  shall  then  examine  the  ballot  boxes  required  for 
the  reception  of  the  ballots  and  the  blank  official  ballots,  and  shall  deposit 
such  ballots  as  are  found  to  be  defective  in  printing  in  ballot  box  No.  4 
for  mutilated  or  returned  ballots.  They  shall  also  examine  the  sample  bal- 
lots, instruction  cards,  distance  markers,  tally  sheets,  return  sheets,  certi- 
tified  list  of  voters,  rul3ber  or  wooden  stamps,  and  all  things  required  for 
the  election ;  but  the  package  containing  the  official  ballots  shall  not  be 
opened  until  the  morning  of  the  election  and  at  the  polling  place.  On  in- 
struction card  shall  be  posted  near  each  distance  marker,  where  it  can  be 
read  by  citizens  before  voting.  The  package  of  official  ballots  shall  remain 
in  the  custody  of  the  judges  and  the  polling  clerks.  The  judges  shall  cause 
to  be  placed  at  the  distance  of  one  hundred  feet  from  the  entrance  of  the 
room  at  which  the  election  is  held  visible  distance  markers  in  each  direc- 
tion of  approaches  to  the  polls,  on  each  of  which  shall  be  printed  in  large 
letters  the  words :  "Distance  markers.  iSTo  electioneering  or  loitering  be- 
tween this  point  and  the  entrance  to  the  polls."  The  judges  shall  examine 
the  ballot  boxes  and  then  relock  them,  after  all  present  can  see  they  are 
empty.  The  instruction  cards  and  distance  markers  shall  be  posted  up 
and  shall  not  be  defaced  or  removed  during  the  progress  of  the  election. 
The  ballot  clerks  with  official  ballots,  the  presiding  officer  of  the  election, 
the  poll  clerk,  the  election  supplies  and  the  certified  lists  of  qualified 
voters  for  the  precinct,  and  the  supervisors,  if  there  are  an}-,  shall  be  as 
conveniently  near  each  other  as  practicable  within  the  polling  place. 
[Id.  sec.  55.] 

Art.  2993.  Instruction  Card  Posted  in  Booth. — Before  the  elec- 
tion begins,  one  instruction  card  shall  be  posted  up  in  each  voting  booth 
where  it  can  be  read;  and,  when  there  are  no  voting  booths,  one  shall 
be  posted  up  in  plain  view  at  the  place  prepared  for  the  voter  to  make 
out  his  ballot.     [Id.  sec.  56.] 

Art.  2994.  Judges^  Appointment  by  Voters^  When  ;  Certificate  ; 
Presiding  Judge  to  Appoint  Assistant,  When. — If  a  presiding  judge 
fails  to  attend  on  election  day,,  or  fails  to  act,  or  none  shall  have  been 
appointed,  the  voters  present  may  appoint  their  own  presiding  officer, 
who  has  paid  his  poll  tax,  and  such  voters  may  also  appoint  the  necessary 
assistant  judges  of  election.  When  a  presiding  officer,  who  has  been  ap- 
pointed by  a  commissioners  court,  fails  to  act  in  conducting  an  election, 
and  one  is  selected  by  the  voters  present,  the  judges  and  clerks  at  such 
election  shall,  in  making  their  returns  of  election,  certify  to  that  fact, 
and  state  that  the  acting  judges  were  appointed  by  the  voters  present. 
When  an  assistant  judge  or  clerk  has  not  been  appointed,  or,  having 
been  theretofore  appointed,  fails  to  act  at  the  opening  of  the  polls  or 
during  the  election,  the  presiding  judge  shall  appoint  in  his  place 
another  with  the  same  qualifications,  and  return  a  certificate  of  such 
appointment  with  each  election  return.     [Id.  sec.  83.] 

Art.  2995.  Judges  May  Administer  Oaths;  Powers  of  Presid- 
ing Judge. — Judges  of  elections  are  authorized  to  administer  oaths  to 
ascertain  all  facts  necessary  to  a  fair  and  impartial  election.  The  presid- 
ing judge  of  election,  while  in  the  discharge  of  his  duties  as  such,  shall 
have  the  power  of  the  district  judge  to  enforce  order  and  keep  the  peace. 


Election  Laws  of  Texas.  23 

He  may  appoint  special  peace  officers  to  act  as  such  during  the  election, 
and  may  issue  warrants  of  arrest  for  felony,  misdemeanor  or  breach  of 
peace  committed  at  such  election,  directed  to  the  sheriff  or  any  constable 
of  the  county,  or  such  special  peace  officer,  who  shall  forthwith  execute 
any  such  warrants,  and,  if  so  ordered  by  the  presiding  judge,  confine 
the  party  arrested  in  jail  during  the  election  or  until  the  day  after  the 
election,  when  his  case  may  be  examined  into  before  some  magistrate 
to  whom  the  presiding  judge  shall  report;  but  the  party  arrested  shall 
first  be  permitted  to  vote,  if  entitled  to  do  so;  provided,  that,  if  said 
party  is  drunk  from  the  use  of  intoxicating  liquor,  he  shall  not  be  per- 
mitted to  vote  until  he  is  sober.     [Id.  sec.  67.] 

Art.  2996.  Ballot  Boxes,  Preliminary  Inspection. — Before  the 
balloting  begins,  the  presiding  judge  shall  unlock  ballot  box  'No.  1,  and 
after  all  the  officers  of  the  election  and  supervisors  have  inspected  the 
same  to  see  that  it  is  empty,  r clock  it  and  place  it  within  view,  where  it 
shall  remain  until  removed  to  make  room  for  ballot  box  No.  2.  A  like  ex- 
amination shall  be  made  of  ballot  box  No.  2.     [Id.  sec.  68.] 

Art.  2997.  Poll  Tax  Eeceipt,  Etc. — No  citizen  shall  be  permitted 
to  vote,  unless  he  first  presents  to  the  judge  of  election  his  poll  tax  receipt 
or  certificate  of  exemption  issued  to  him  before  the  first  day  of  Feb- 
ruary of  the  year  in  which  he  offers  to  vote,  except  as  otherwise  permitted 
in  this  title,  unless  the  same  has  been  lost  or  mislaid,  or  left  at  home, 
in  which  event  he  shall  make  an  affidavit  of  that  fact,  which  shall  be 
left  with  the  judges  and  sent  by  them  with  the  returns  of  the  election; 
provided,  that,  if  since  he  obtained  his  receipt  or  certificate  he  removes 
from  the  precinct  or  county  of  his  residence,  he  may  vote  on  complying 
with  other  provisions  of  this  title.     [Id.  sec.  QQ.^ 

Art.  2998.  Poll  Tax  Eeceipt,  Etc.,  Receiving;  Testing  Voter, 
Etc. — One  of  the  election  judges  shall  receive  from  the  voter  his  poll  tax 
receipt  or  certificate  of  exemption,  when  he  presents  himself  to  vote; 
the  voter  shall  announce  his  name,  and  the  judge,  after  comparing  the 
appearance  of  the  party  with  the  description  given  in  the  certified  list  of 
qualified  voters  of  the  precinct  made  out  by  the  county  collector,  and 
being  satisfied  that  it  accords  therewith,  shall  pronounce  in  an  audible 
voice  the  name  of  the  voter  and  his  number,  as  given  in  the  list  of  qual- 
ified voters.  If  the  voter  has  lost,  mislaid  or  left  at  home  his  receipt  or 
certificate,  and  shall  present  his  written  affidavit  of  that  fact,  and  if  his 
appearance  tallies  with  that  given  for  the  same  number  and  name  on  the 
list  of  qualified  voters,  or  if  the  voter  presents  his  written  affidavit  of 
removal  from  some  other  precinct  or  county,  in  cases  where  the  same  is 
permitted  by  this  title,  together  with  his  receipt  or  certificate  or  affidavit 
of  the  loss  thereof,  and  the  judges  of  election  shall  be  satisfied  that  he 
paid  his  poll  tax  or  received  his  certificate  of  exemption  before  the  fifst 
day  of  the  preceding  February,  the  judge  shall  in  like  manner  pronounce 
in  an  audible  voice  the  name  and  number  of  the  elector  on  the  certified 
list  of  qualified  voters  with  the  word,  "correct."     [Id.  sec.  71.] 

Art.  2999.  Examination  of  Challenged  Voter  on  Oath;  Noted 
ON  Poll  List. — When  a  person  offering  to  vote  shall  be  objected  to  by 
an  election  judge  or  a  supervisor  or  challenger,  the  presiding  judge  shall 
examine  him  upon  an  oath  touching  the  points  of  such  objection,  and,  if 


24  i]LECTiox  Laws  of  Texas. 

such  person  fails  to  establish  his  right  to  vote  to  the  satisfaction  of  the 
majority  of  the  judges,  he  shall  not  vote.  If  his  vote  be  received,  the 
word,  "sworn,"  shall  be  written  upon  the  poll  list  opposite  the  name  of  the 
voter.     [Id.  sec.  73.] 

Art.  3000.  [1736]  Challenged  Vote  in  Certain  Cities,  Pro- 
ceedings On. — In  any  election,  State,  county  or  municipal,  being  held 
in  any  city  or  town  of  ten  thousand  inhabitants  or  more,  according  to 
the  last  preceding  United  States  census,  when  the  right  to  vote  of  any 
elector  offering  to  vote  is  challenged,  proceedings  shall  be  had  as  pre- 
scribed in  Article  790.     [Acts  1891,  p.  47.] 

Art.  3001.  Poll  Tax  Receipt  Stamping;  Delivery  of  Ballot 
With  Signature  of  Presiding  Judge  ;  Preparing  Ballot. — When  the 
judges  are  satisfied  as  to  the  right  of  the  citizen  to  vote,  and  one  has 
pronounced  in  an  audible  voice  his  name  and  number  as  shown  on  the 
list  of  qualified  voters  of  the  precinct,  and  the  word  "correct,"  the  judge 
shall  stamp  in  legible  characters  with  a  stamp  of  wood  or  rubber  the  poll 

tax  receipt  or  certificate  of  exemption  with  the  words :     "Voted 

day  of ,  A.  D.  19.  .  .  .,"  or  write  the  same  words  in  ink  and 

then  return  said  receipt  or  certificate  to  the  voter,  and  shall  at  the 
same  time  deliver  to  him  one  official  ballot  on  the  blank  side  of  which  the 
presiding  judge  shall  have  previously  written  his  signature.  The  voter 
shall  then  immediately  repair  to  one  of  the  voting  booths,  or  places 
prepared  for  voting  by  the  election  officers,  and  there  prepare  his  ballot, 
in  the  manner  provided  by  Article  2969.     [Id.  sec.  72.] 

Art.  3002.  Marked  Ballot  or  Memerandum  ;  Powers  and  Duties 
OF  Judge. — Any  judge  may  require  a  citizen  to  answer  under  oath 
before  he  secures  an  official  ballot  whether  he  has  been  furnished  with 
any  paper  or  ballot  on  which  is  marked  the  names  of  any  one  for  whom 
he  has  agreed  or  promised  to  vote  or  for  whom  he  has  been  requested  to 
vote,  or  has  such  paper  or  marked  ballot  in  his  possession,  and  he  shall 
not  be  furnished  with  an  official  ballot  until  he  has  delivered  to  the 
judge  such  marked  ballot  or  paper,  if  he  has  one.     [Id.  sec.  70.] 

Art.  3003.  One  Voter  at  a  Time  in  Booth;  Assistance  to  Illit- 
erates; Regulations  As  to  Interpreter;  Supervisors  May  Be 
Present,  Etc. — ^ot  more  than  one  person  at  the  same  time  shall  be 
permitted  to  occupy  any  one  compartment,  voting  booth  or  place  prepared 
for  a  voter,  except  when  a  voter  is  unable  to  prepare  his  ballot  from  in- 
ability to  read  or  write,  or  physical  disability,  two  judges  or  an  inter- 
preter, if  he  cannot  both  read  and  speak  the  English  language,  shall 
assist  him,  they  having  been  first  sworn  that  they  will  not  suggest, 
by  word  or  sign  or  gesture,  how  the  voter  shall  vote;  that  they  will  con- 
fine their  assistance  to  answering  his  questions,  to  naming  candidates, 
and  the  political  parties  to  which  they  belong,  and  that  they  will  prepare 
his  ballot  as  the  voter  himself  shall  direct.  The  judges  who  assist  the 
voter  in  preparing  his  ballot  shall  be  of  different  political  parties,  if 
there  be  such  judges  present,  and  an  election  supervisor  or  supervisors 
may  be  present,  but  must  remain  silent,  except  in  case  of  irregularity 
or  violation  of  the  law.     [Id.  sec.  82.] 

Art.  3004.     Judge,  Etc.,  Shall  Not  Electioneer,  Etc. — No  elec- 


Election  Laws  of  Texas.  25 

tion  judge,  clerk  or  other  person  connected  with  the  holding  of  an  election 
shall,  on  election  day,  indicate  by  words,  sign,  symbol  or  writing  to  any 
citizen,  how  he  shall  or  should  not  vote;  provided,  nothing  herein  shall 
interfere  with  the  operation  of  Article  3003.     [Id.  sec.  65.] 

Art.  3005.  Ballot  Delivery  by  Voter,  Deposit,  and  Eequire- 
MENTS  Connected  Therewith. — ^V'hen  a  citizen  shall  have  prepared 
his  ballot,  he  shall  fold  the  same  so  as  to  conceal  the  printing  thereon, 
and  so  as  to  expose  the  signature  of  the  presiding  judge  on  the  blank 
side,  which  shall  always  be  indorsed  by  the  judge  before  the  ballot  is 
delivered,  and  shall,  after  leaving  the  booth,  hand  to  the  numbering 
judge  his  ballot,  who  shall  number  same.  If  the  judges  are  satisfied  that 
the  ballot  returned  is  the  one  delivered  to  the' voter,  the  numbering  judge 
shall  number  the  ballot,  writing  on  the  blank  side  the  number  opposite 
the  voter's  name  on  the  voting  list,  and  shall  stamp  or  write  the  same 
with  the  word,  "voted,"  and  deposit  the  ballot  in  the  ballot  box.  The 
letter^  "v,"  shall,  at  the  same  time,  be  marked  by  one  of  the  clerks  on  the 
certified  list  or  supplemental  list  of  qualified  voters  opposite  the  voter's 
name  thereon,  and  the  voter  shall  thereupon  immediately  leave  the  polling 
place.     [Id.  sec.  74.] 

Art.  3006.  Mutilated,  Etc.,  Ballots,  Rule  As  to. — No  voter  shall 
be  entitled  to  receive  a  new  ballot  in  lieu  of  one  mutilated  and  defaced 
until  he  first  returns  such  ballot  and  it  is  deposited  in  box  No.  4;  nor 
shall  any  one  be  supplied  with  more  than  three  ballots  in  succession, 
when  they  are  mutilated  or  defaced.  A  register  shall  be  kept  by  the  clerks 
as  the  voting  progresses  of  the  mutilated  or  defaced  ballots,  which  shall 
be  deposited  in  box  No.  4,  in  which  shall  also  be  deposited  and  returned 
all  official  ballots  not  used.     [Id.  sec.  75.] 

Art.  3007.  Ballot  Boxes  and  Ballots,  Custody;  Admission  to 
Polls,  Information. — From  the  time  of  opening  the  polls  until  the  an- 
nouncement of  the  results  of  the  canvass  of  votes  cast  and  the  signing 
of  the  official  returns,  the  boxes  and  official  ballots  shall  be  kept  at  the 
polling  place  in  the  presence  of  one  or  more  of  the  judges  and  supervis- 
ors, if  there  are  any.  No  person  shall  be  admitted  within  the  room 
where  the  election  is  being  held,  except  the  judges,  clerks,  persons  ad- 
mitted by  the  presiding  judge  to  preserve  order,  supervisors  of  election, 
and  persons  admitted  for  the  purpose  of  voting,  provided,  that  the 
officers  of  the  election  shall  permit  an  interpreter  to  assist  any  voter 
who  cannot  both  speak  and  read  the  English  language.     [Id.  sec.  76.] 

Art.  3008.  Defective,  Etc.,  Ballots  in  Box  4;  Return,  State- 
ment, Opening,  Etc. — In  ballot  box  No.  4  shall  be  deposited,  in  addi- 
tion to  ballots  defectively  printed,  all  defaced  and  mutilated  ballots, 
and,  when  the  polls  are  closed,  all  the  ballots  that  have  not  been  voted. 
The  box  shall  be  locked  and  so  returned  sealed  to  the  county  clerk,  with 
a  statement  which  shall  be  placed  therein  signed  by  the  presiding  judge 
of  the  number  of  ballots  received  by  him,  the  number  of  mutilated 
or  defaced  ballots  that  the  box  contained,  and  also  the  number  of  ballots 
not  given  to  voters,  as  well  as  those  defectively  printed,  so  that,  after 
adding  such  numbers,  all  ballots  delivered  to  the  election  officers  may  be 
accounted  for.  Such  ballot  box  shall,  when  the  returns  of  votes  cast 
are  canvassed  by  the  commissioners  court,  be  opened,  the  ballots  counted 


2Q  Election  Laws  of  Texas. 

and  a  record  made  of  what  thev  have  found  to  be  its  contents.     [Id. 
sec.  69.] 

Art.  3009.  Deposit  axd  Count,  Using  Boxes  1  and  2  Alter- 
nately; Voted  Ballots  Put  in  Box  3;  Eeturn,  Etc. — At  the  exp-ira- 
tion  of  one  hour  after  voting  has  begun,  the  receiving  judges  shall 
deliver  ballot  box  Xo.  1  to  the  counting  judges,  who  shall  at  once  deliver 
in  its  place  ballot  box  Xo.  2,  which  shall  again  be  opened  and  examined 
in  the  presence  of  all  the  judges  and  securely-  closed  and  locked;  and, 
until  the  ballots  in  hallot  box  Xo.  1  have  been  counted,  the  receiving 
judge  shall  receive  and  deposit  ballots  in  ballot  box  Xo.  2.  Ballot 
box  Xo.  1  shall,  on  its  receipt  by  the  counting  judges,  be  immediately 
opened  and  the  tickets  taken  out  by  one  of  them,  one  by  one,  when 
he  shall  read  and  distinctly  announce,  w^hile  the  ticket  remains  in  his 
hand,  the  name  of  each  candidate  voted  for  thereon,  which  shall  be 
noted  on  the  tally  sheets,  and  shall  then  deliver  the  ballot  to  the  other 
counting  judge,  who  shall  place  the  same  in  box  Xo.  3,  which  shall 
remain  locked  and  in  view  until  the  counting  is  finished,  when  said  box 
shall  be  returned  with  the  other  boxes,  locked  and  sealed  to  the  county 
clerk.  Ballot  boxes  Xos.  1  and  2  shall  be  used  by  the  receiving  judge 
and  the  counting  judge  alternately,  as  above  provided,  as  often  as  the 
counting  judge  has  counted  and  exhausted  the  ballots  in  either  box. 
[Id.  sec.  80.] 

Art.  3010.  Unfolding  Ballots,  Etc.,  Forbidden. — Xo  officer  of 
election  shall  unfold  or  examine  the  face  of  a  ballot  when  received  from 
an  elector,  nor  the  indorsement  on  the  ballot,  except  the  signature  of  the 
judge,  or  the  words  stamped  thereon,  nor  compare  it  with  the  clerk's 
list  of  voters,  when  the  ballots  are  counted,  nor  shall  he  permit  the  same 
to  be  done,  nor  shall  he  examine,  nor  permit  to  be  examined,  the  ballots 
after  they  are  deposited  in  a  ballot  box,  except  as  herein  provided  for  in 
canvassing  the  votes,  or  in  cases  specially  provided  by  law.     [Id.  sec.  77.] 

Art.  3011.  Signature  or  Judge  on  Ballots,  no  Ballot  Without, 
Counted. — The  counting  judges  and  clerks  shall  familiarize  themselves 
with  the  signature  of  the  judge  who  writes  his  name  on  each  ballot  that 
is  voted,  and  shall  count  no  ballots  that  do  not  bear  his  signature  or  are 
unnumbered,  or  if,  on  examination  by  the  judges,  such  signature  is  found 
to  be  a  forgery.     [Id.  sec.  78.] 

Art.  3012.  [1741]  [1697]  Ballots  Which  Shall  Xot  Be 
Counted. — Xo  ballot  which  is  not  numbered  as  provided  in  Article 
3005  shall  be  counted,  nor  shall  either  of  two  or  more  ballots  folded  to- 
gether be  counted,  and  where  the  names  of  two  or  more  persons  are  upon 
a  ballot  for  the  same  office,  when  but  one  person  is  to  be  elected  to  that 
office,  such  ballot  shall  not  be  counted  for  either  of  such  persons.  [Acts 
1876,  p.  308,  sec.  16.     E.  S.  1879,  1697.] 

Art.  3013.  Xominee  Dying  Before  Election,  Etc.,  Vote  Counted, 
Etc. — If  a  nominee  dies  or  declines  the  nomination  before  the  election, 
and  no  one  is  nominated  to  take  his  place,  the  votes  cast  for  him  shall 
be  counted  and  return  made  thereof;  and,  if  he  shall  have  received  a 
plurality  of  the  votes  cast  for  the  office,  the  vacancy  shall  be  filled  as  in 
case  of  a  vacancy  occurring  after  the  election.     [Id.  sec.  50.] 


Election  Laws  of  Texas.  27 

Art.  3014.  Supervisors  May  Be  Present. — The  election  supervisors 
may  be  present  when  the  ballots  are  being  examined  and  the  votes  called 
off  and  noted  on  the  tally  sheets.     [Acts  1905,  S.  S.,  p.  539,  sec.  80.] 

Art.  3015.     Announcement  of  Vote  at  Each  Exchange  of  Boxes. 

— At  each  change  of  the  boxes,  one  of  the  judges  shall  announce  at  the 
outer  door  of  the  voting  place  the  number  of  votes  already  cast.  [Id. 
sec.  81.] 

Art.  3016.  Status  of  Count  Announced,  When,  Etc.,  Memoran- 
dum Public. — Immediately  upon  the  closing  of  the  polls,  and  at  inter- 
vals of  two  hours  thereafter,  the  presiding  judge  or  an  associate  judge 
shall  make  a  correct  but  unofficial  memorandum  of  the  total  number  of 
votes  counted  for  each  candidate  at  that  time,  such  memorandum  being 
in  the  order  in  which  the  names  of  the  candidates  appear  upon  the 
ballot ;  and  tliereupon  he  shall  publicly  announce  from  such  memorandum 
the  status  of  the  count  at  the  door  of  the  building  where  the  counting 
is  in  progress.  This  memorandum  shall  thereafter  be  accessible  to  the 
public,  and  especially  newspaper  reporters,  who  may  call  for  information ; 
and  the  presiding  judge  or  an  associate  judge  may  furnish  reporters  infor- 
mation concerning  the  status  of  the  count  at  other  times  after  the  polls 
have  closed.  The  announcement  of  the  status  of  the  count  shall  continue 
as  aforesaid  until  the  count  has  been  completed,  when  a  correct  but 
unofficial  announcement  of  the  total  number  of  votes  received  by  each 
candidate  shall  be  announced  in  the  manner  above  provided.  This  section 
[article]  shall  also  apply  so  as  to  require  the  same  reports  from  judges 
of  primary  elections.     [Id.  sec.  88.] 

Art.  3017.  No  Information  Except  as  Herein  Permitted. — No 
judge  or  clerk  shall  make  any  statement,  nor  give  information  in  any 
manner,  of  the  number  of  votes  nor  any  other  fact  regarding  their  opin- 
ion of  the  state  of  the  polls,  after  'the  closing  thereof,  except  as  herein 
permitted.     [Id.  sec.  76.] 

Art.  3018.  [1807]  Arrest,  Privilege  From. — In  all  cases,  except 
treason,  felony,  or  breach  of  peace,  voters  shall  be  privileged  from  arrest 
during"  their  attendance  at  elections,  and  in  going  to  and  returning 
therefrom.     [Id.  sec.  63.     E.  S.  1879,  art.  1755.     P.  D.  3625.] 

Art.  3019.  Loitering  and  Electioneering  Within  100  Feet  of 
Booths;  Special  Constable. — The  election  judges  shall  prevent  loit- 
ering and  electioneering  while  the  polls  are  open,  within  one  hundred 
feet  of  the  door  through  which  voters  enter  to  vote,  and  within  one 
hundred  feet  of  the  place  where  the  voter  is  required  to  prepare  his 
ballot;  and,  for  this  purpose,  they  shall  appoint  a  special  constable  to 
enforce  this  authority.     [Id.  sec.  84.] 

Art.  3020.  Carriages,  Etc.,  Forbidden,  Unless,  Etc. — No  carriage 
or  other  vehicle  shall  be  used  by  any  person  to  convey  voters  to  the  voting 
places,  unless  the  voter  is  physically  unable  to  go  to  or  to  enter  the  polling 
place  without  assistance,  in  which  event  two  of  the  judges  of  different 
political  parties,  if  there  are  such,  may  deliver  an  official  ballot  to  him 
at  the  entrance  to  the  polling  place  and  permit  him  to  make  out  his  ballot 
and  deliver  it  there.     [Id.  sec.  85.] 


28  Electiox  Laws  of  Texas. 

Art.  3021.  Barroom^  Etc.^  Not  to  Be  Opexed  ox  Electiox  Day^ 
Nor  Ixtoxicatixg  Liquor  Sold,  Etc. — No  i^erson  shall  open  or  keep 
open  any  barroom,  drinking  saloon  or  wholesale  beer  or  liquor  house, 
where  vinous,  malt,  spirituous  and  intoxicating  liquors  are  sold  during 
any  portion  of  the  day  on  which  an  election,  either  general,  special  or  pri- 
mary, is  held  for  any  purpose,  in  the  voting  precinct  where  such  an 
election  is  held ;  nor  shall  any  one,  in  such  voting  precinct,  sell,  barter  or 
give  away  any  vinous,  spirituous  or  intoxicating  liquor  during  the  day 
of  such  election,  nor  shall  any  one  carry,  or  cause  to  be  carried,  to  the 
polling  place  on  the  day  of  election,  any  intoxicating  liquor  for  the  pur- 
pose of  sale,  gift  or  to  be  drunk;  and  if  any  one  shall  find  any  intoxi- 
cating liquor  on  election  day  he  shall  refrain  from  taking  possession  of  it 
and  shall  not  inform  another  of  its  whereabouts.     [Id.  sec.  86.] 

Art.  3022.  Ixtoxicatixg  Liquor  Sold  ox  Electiox  Day,  How. — • 
Intoxicating  liquor  may  be  sold  on  election  day  by  a  druggist  only  to 
fill  prescriptions  by  a  physician,  but  who  at  the  time  must  certify  in  writ- 
ing, on  his  honor,  that  it  is  needed  by  his  sick  patient.     [Id.  sec.  87.] 

Art.  3023.  Refreshmexts. — If  the  officers  of  election  need  refresh- 
ments during  the  voting  and  before  the  canvass  of  votes,  they  shall  be 
taken  at  the  polling  places,  and  in  view  of  the  ballot  boxes;  provided, 
that  the  refreshments  shall  contain  no  alcoholic,  vinous,  malt  or  intox- 
icating liquors.     [Id.  sec.  79.] 

Art.  3024.  [1743]  [1698]  Eeturx  of  Electioxs,  How  axd  to 
Whom  Made. — When  the  ballots  have  all  been  counted,  the  managers 
of  the  election  in  person  shall  make  out  triplicate  returns  of  the  same, 
certified  to  be  correct,  and  signed  by  them  officially,  showing:  First, 
the  total  number  of  votes  polled  at  such  box;  second,  the  number  polled 
for  each  candidate;  one  of  which  returns,  together  with  poll  lists  and 
tally  lists,  shall  be  sealed  up  in  an  envelope  and  delivered  by  one  of  the 
precinct  judges  to  the  county  judge  of  the  county;  another  of  said  re- 
turns, together  with  poll  lists  and  tally  lists,  shall  be  delivered  by  one 
of  the  managers  of  election  to  the  clerk  of  the  county  court  of  the  county, 
to  be  kept  by  him  in  his  office  open  to  inspection  by  the  public  for  twelve 
months  from  the  day  of  the  election ;  and  the  other  of  said  returns,  poll 
and  tally  lists  shall  be  kept  by  the  presiding  officer  of  the  election  for 
twelve  months  from  the  day  of  election.  [Acts  1883,  p.  50,  as  modified 
by  Acts  1905,  S.  S.  p.  54i,  sec.  91.] 

Art.  3025.  [1744]  [1699]  Same  Subject.— In  case  of  vacancy  in 
the  office  of  county  judge,  or  the  absence,  failure  or  inability  of  that 
officer  to  act,  the  election  returns  shall  be  delivered  to  the  clerk  of  the 
county  court  of  the  county,  who  shall  safely  keep  the  same  in  his  office, 
and  he,  or  the  county  judge,  as  the  case  may  be,  shall  deliver  the  same  to 
the  countv  commissioners  court  on  the  dav  appointed  by  law  to  open  and 
compare  the  polls.     [R.  S.  1879,  1699.]   " 

Art.  3026.  Returxs,  With  Electiox  Supplies;  Yotixg  Booths 
Stored,  Etc. — One  of  the  precinct  judges  shall  deliver  the  returns  of 
election,  with  certified  lists  of  qualified  voters,  with  all  stationery,  rubber 
stamps  and  blank  forms  and  other  election  supplies  not  used,  to  the 
county  judge,  immediately  after  the  votes  have  been  counted.    He  shall 


Election  Laws  of  Texas.  29 

I3rovide  for  the  safe  storage  of  the  voting  booths  in  some  place  in  the 
precinct,  and  notify  the  county  judge.     [Acts  1905,  S.  S.  p.  541,  sec.  91.] 

Art.  3027.  [1747]  [1702]  Ballots,  Etc.,  to  Be  Placed  in  a 
Box  AND  Delivered  to  County  Clerk. — Immediately  after  counting 
the  votes  by  the  managers  of  election,  the  presiding  officer  shall  place 
all  the  ballots  voted,  together  with  one  poll  list  and  one  tally  list,  into 
a  wooden  or  metallic  box,  and  shall  securely  fasten  the  box  with  nails, 
screws  or  locks,  and  he  shall,  within  ten  days  after  the  election,  Sundays 
and  the  days  of  election  excluded,  deliver  said  box  to  the  clerk  of  the 
county  court  of  hi?  county,  or  to  the  county  to  which  the  unorganized 
county  is  attached  for  judicial  purposes,  whose  duty  it  shall  be  to  keep 
the  same  securely;  and,  in  the  event  of  any  contest  growing  out  of  elec- 
tions within  one  year  thereafter,  he  shall  deliver  said  ballot  box  to  any 
competent  oificer  having  a  process  therefor,  from  any  tribunal  or  au- 
thority authorized  by  law  to  demand  such  ballot  box;  provided,  that  all 
questions  arising  at  any  election  board  shall  be  settled  and  determined 
by  the  presiding  officer  and  the  judges,  anything  in  any  law  to  the  con- 
trary notwithstanding.     [Acts  of  1811,  p.  97.     R.  S.  1879,  1702.] 

Art.  3028.  [1748]  [1703]  Ballots,  Etc.,  Shall  Be  Burned, 
When. — In  the  event  that  no  contest  grows  out  of  the  election  within 
one  year  after  the  day  of  such  election,  the  said  clerk  shall  destroy  the 
contents  of  said  ballot  box  by  burning  the  same.     [Id.  R.  S.  1879,  1703.] 

Art.  3029.  [1749]  [1704]  Presiding  Officer  Shall  Retain 
One  Poll  and  Tally  List. — The  presiding  officer  of  election  shall  re- 
tain in  his  custody  one  of  the  poll  lists  and  one  of  the  tally  lists  of  the 
election,  and  shall  keep  the  same  for  one  year  after  election,  subject  to  the 
inspection  of  any  one  interested  in  such  election.     [R.  S.  1879,  1704.] 

Art.  3030.  [1753]  [1705]  County  Commissioners  Shall  Open 
Returns,  When. — On  the  M'onday  next  following  the  day  of  election, 
and  not  before  the  county  commissioners  court  shall  open  the  election 
returns  and  estimate  the  result,  recording  the  state  of  the  polls  in  each 
precinct  in  a  book  to  be  kept  for  that  purpose ;  provided,  that,  in  the  event 
of  a  failure  fi'om  any  cause  of  the  commissioners  court  to  convene  on  the 
Monday  following  the  election  to  compute  the  votes,  then  said  court 
shall  be  convened  for  that  purpose  upon  the  earliest  day  practicable  there- 
after.    [Acts  1883,  p.  50.]      ' 

Art.  3031.  [1754]  [1706]  Returns  Shall  Not  Be  Estimated, 
Unless,  Etc. — No  election  returns  shall  be  opened  or  estimated,  unless 
the  same  have  been  returned  in  accordance  with  the  provisions  of  this 
title. 

Art.  3032.  [1755]  [1707]  Certificates  of  Election  to  County 
AND  Precinct  Officers. — After  an  estimate  of  the  result  of  an  election 
has  been  made  as  provided  for  in  this  title,  the  county  judge  shall  deliver 
to  the  candidate  or  candidates  for  whom  the  greatest  number  of  votes 
have  been  polled  for  county  and  precinct  officers  a  certificate  of  election, 
naming  therein  the  office  to  which  such  candidate  has  been  elected,  the 
number  of  votes  polled  for  him  and  the  day  on  which  such  election  was 
held  and  shall  sign  the  same  and  cause  the  seal  of  the  county  court  to  be 
thereon  impressed. 


30  Election  Laws  of  Texas. 

Art.  3033.  [1792]  Additioxal  Eegulatioxs  by  Certain  Cities. 
— Cities  containing  a  population  of  ten  thousand  inhabitants  or  more 
may,  through  their  city  council,  adopt  such  methods  to  protect  the  purity 
of  the  ballot  in  elections  held  at  their  municipal  elections,  not  incon- 
sistent with  the  provisions  of  this  chapter,  as  mav  be  deemed  advisable. 
[Acts  1892,  S.  S.,  p.  18,  sec.  30.] 

Art.  3034.  [1756]  [1708]  When  a  County  Is  a  Representa- 
tive OR  Sen^atorial  District. — If  the  county  constitutes  a  senatorial 
or  representative  district  of  itself,  the  county  commissioners  court  shall 
at  the  same  time  make  an  estimate  of  the  votes  polled  for  members 
of  the  Legislature;  and  the  county  judge  shall  give  a  like  certificate  of 
election,  as  provided  in  the  preceding  article,  to  the  person  receiving 
the  highest  number  of  votes  for  senator  or  representative,  and  shall  also 
transmit  a  duplicate  of  such  certificate  to  the  Secretary  of  State.  [Acts 
1883,  p.  50.] 

Art.  3035.  [1757]  Returns  of  Election  for  Certain  State  and 
District  Officers. — In  all  elections  for  Comptroller  of  Public  Accounts, 
Treasurer  of  the  State,  Commissioner  of  the  General  Land  Office,  Attor- 
ney General,  State  Superintendent  of  Public  Instruction,  Commissioner 
of  Agriculture,  Railroad  Commissioners,  judges  of  the  Supreme  Court, 
Court  of  Criminal  Appeals,  Courts  of  Civil  Appeals,  and  district  courts, 
district  attorneys,  representatives  in  the  Congress  of  the  United  States, 
and  for  the  adoption  or  rejection  of  proposed  constitutional  amendments, 
the  county  judges  shall,  on  the  Monday  next  following  the  day  of 
election,  or  as  soon  thereafter  as  the  commissioners  court  shall  have 
opened  the  returns  and  estimated  the  result,  as  provided  in  Article  3030, 
make  out  duplicate  returns  of  the  election ;  one  of  which  he  shall  imme- 
diately transmit  to  the  seat  of  government  of  the  State,  sealed  in  an 
envelope,  directed  to  the  Secretary  of  State,  and  endorsed,  "Election 

Returns  for county,  for " 

[filling  the  first  blank  with  the  name  of  the  county  and  the  other  blank 
with  the  name  of  the  office  for  which  the  election  was  held,  or  a  designa- 
tion of  the  proposed  amendments  to  the  Constitution  voted  upon,  as  the 
case  may  be]  ;  and  the  other  of  such  returns  shall  be  deposited  in  the 
office  of  the  clerk  of  the  county  court  of  the  county  where  such  election 
was  held.     [Acts  1897,  p.  31.] 

Art.  3036.  [1758]  [1710]  Such  Returns  Shall  Be  Counted, 
When  and  by  Whom. — On  the  fortieth  day  after  the  election,  the  day 
of  election  excluded,  and  not  before,  the  Secretary  of  State,  in  the  pres- 
ence of  the  Governor  and  Attorney  General,  or  in  case  of  vacancy  in 
either  of  said  offices,  or  of  inability  or  failure  of  either  said  officers  to 
act,  then  in  the  presence  of  either  one  of  them,  shall  open  and  count  the 
returns  of  the  election.     [Acts  1883,  p.  50.] 

Art.  3037.  [1759]  [1711]  Governor  Shall  Give  Certificate 
OF  Election.  When. — When  the  returns  have  been  counted,  the  gov- 
ernor shall  immediately  make  out,  sign  and  deliver  a  certificate  of  elec- 
tion, with  the  seal  of  the  State  thereto  affixed,  to  the  person  or  persons 
who  shall  have  received  the  highest  number  of  votes  for  each  or  any  of 
said  offices.     [Id.] 


Election  Laws  of  Texas.  31 

Art.  3038.  [1760]  [1712]  Returns  for  Governor  and  Lieu- 
tenant-Governor.— The  county  judges  of  the  several  counties  shall 
promptly  make  duplicate  returns  of  the  election  for  Governor  and  lieu- 
tenant-Governor,  carefully  sealed  in  an  envelope,  one  of  which  shall  be 
transmitted  to  the  seat  of  government  in  this  State,  directed  to  the 
Speaker  of  the  House  of  Representatives,  and  indorsed  as  provided  in 
Article  3035,  and  the  other  of  said  returns  shall  be  deposited  in  the 
office  of  the  clerk  of  the  county  court  of  said  county.     [Id.] 

Art.  3039.  [1761]  [1713]  Secretary  of  State  Shall  Keep 
Returns,  Etc. — The  transmitted  returns  provided  for  in  the  preceding 
article,  directed  to  the  Secretary  of  State,  shall  be  taken  charge  of  by  him, 
and  preserved  in  ])is  office,  the  package  and  seal  thereon  to  remain  un- 
broken until  the  organization  of  the  next  Legislature,  when  he  shall, 
on  the  first  day  thereof,  deliver  the  said  return  to  the  Speaker  of  the 
House  of  Representatives.     [Id.] 

Art.  3040.  [1762]  [1714]  Returns  for  Members  of  the  Leg- 
islature.— When  an  election  shall  have  been  held  for  members  of  the 
Legislature  in  a  district  composed  of  more  counties  than  one,  the  county 
judge  to  whom  the  returns  in  each  county  are  made,  and  who  is  not 
authorized  to  give  certificates  of  election  to  such  members  of  the  Legisla- 
ture, shall  make  out  and  send  complete  returns  of  such  election  for 
members  of  the  Legislature  in  his  county  immediately  after  examining 
and  recording  the  same,  to  the  county  judge  of  the  county,  who  may  by 
law  be  authorized  to  give  certificates  of  election  to  members  of  the  Leg- 
islature for  such  district.     [Id.  sec.  26.] 

Art.  3041.  [1763]  [1715]  Returns  Shall  Be  Transmitted 
How,  AND  TO  Whom. — The  returns  provided  for  in  the  preceding  article 
shall  be  sealed  in  an  envelope,  and  the  name  of  the  officer  forwarding 
them  shall  be  written  across  the  seal,  and  the  envelope  shall  be  indorsed, 
"Election  returns,"  and  directed  to  the  county  judge  of  the  proper  county 
and  transmitted  by  mail  or  other  safe  and  expeditious  conveyance.     [Id.] 

Art.  3042.  [1764]  [1716]  Duty  of  County  Judge.— The  county 
judge  to  whom  the  returns  named  in  the  two  preceding  articles  are  for- 
warded, or  in  case  of  a  vacancy  in  that  office,  or  of  inability  or  failure  to 
act  on  the  part  of  such  officer,  then  the  clerk  of  the  county  court  of  such 
county,  or  his  deputy,  shall,  upon  the  thirtieth  day  after  the  election, 
Sunday  excluded  if  Sunday  be  the  thirtieth  day,  open  and  count  said 
returns  in  the  presence  of  at  least  two  qualified  voters  of  said  district, 
and,  after  recording  the  same,  shall  give  a  certificate  or  certificates  of 
election  to  the  person  or  persons  receiving  the  highest  number  of  votes 
for  senator  or  representative  in  that  district;  which  certificate  shall 
be  under  the  seal  of  the  county  court  of  the  county  from  whence  it  issues, 
and  shall  state  the  number  of  votes  received  by  the  person  to  whom  the 
same  is  given;  and  the  officer  giving  such  certificate  shall  immediately 
forward  a  duplicate  of  the  same  to  the  Secretary  of  State.     [Id.] 

Art.  3043.  [1765]  [1717]  Count  May  Be  Made  Before  Thir- 
tieth Day,  When. — If  all  the  election  returns  of  the  district  shall  have 
been  received  by  the  returning  officer  of  the  district  before  the  said 
thirtieth  day,  then  he  may  count  said  returns  and  issue  the  certificate  of 


32  Election  Laws  of  Texas. 

eleciion   as  provided  for  in  the  preceding  article  at  any  time  before 
said  thirtieth  day.     [Id.] 

Art.  3044.  [1766]  [1718]  County  Judge  Shall  Certify  to 
Secretary  of  State  the  Officers  Elected  and  Qualified. — At  the 
expiration  of  thirty  days  from  an  election,  and  from  time  to  time  there- 
after as  the  officers  may  qualify,  the  county  judge  of  each  county  shall 
make  out  and  certify  to  the  Secretary  of  State  a  tabular  statement  show- 
ing who  were  elected,  and  to  what  office,  and  the  date  of  qualification, 
giving  the  number  of  the  precinct  (if  precinct  officers),  and  he  shall  also 
certify  the  result  of  the  vote  for  members  of  the  Legislature ;  and  he  shall 
in  like  manner  report  to  the  Secretary  of  State  all  special  elections  to 
fill  a  vacancy  in  any  county  [or]  precinct  office,  certifying  when  and  how 
the  vacancy   occurred.     [Act  March  6,   1863.     P.   t).   3604.] 

Art.  3045.  [1809]  [1758]  Governor  Shall  Commission  Offi- 
cers^ Except^  Etc. — The  Governor  shall  commission  all  officers,  except 
Governor,  members  of  Congress,  electors  for  President  and  Vice-Presi- 
dent of  the  United  States,  members  of  the  Legislature  and  municipal 
officers.     [Act  August  23,  1876,  p.  310,  sec.  22.] 

CONTESTING  ELECTIONS. 

[Note. — This  chapter  comprised  the  Act  of  April  6,  1895,  p.  58.  It 
repealed  and  superseded  the  same  chapter  of  the  codification  of  1893, 
being  Articles  1793  to  1804,  inclusive,  or  old  Articles  1724  to  1726, 
inclusive,  and  1746  to  1751,  inclusive,  and  repealed  all  other  confiicting 
laws.] 

Article  3046.  [1793]  CoxVtest  of  Election  for  District  Attor- 
ney.—^Contested  elections  for  the  office  of  district  attorney  shall  be  tried 
by  the  district  judge  of  the  district  in  the  county  w^here  the  candidate 
who  shall  have  received  the  certificate  of  election  shall  reside  and,  if 
there  are  two  district  judges  in  said  county,  then  to  be  tried  before  either 
of  said  judges.     [Acts  1895,  p.  58.] 

Art.  3047.  [1794]  Contest  of  Election  for  District  Judge. — 
Contested  elections  for  the  office  of  district  judge  shall  be  tried  in  the 
county  of  the  adjoining  district,  the  county  seat  of  which  is  nearest  to 
the  residence  of  the  candidate  who  shall  have  received  the  certificate 
of  election,  and  by  the  district  court  of  such  adjoining  district,  and  in 
counties  having  two  or  more  district  courts,  then  to  be  tried  by  'the 
district  court  of  the  adjoining  district  in  said  county.     [Id.] 

Art.  3048.  [1795]  Contest  of  Election  for  Appellate  Judges. 
— Contested  elections  for  the  office  of  chief  justice  or  associate  justice 
of  the  Supreme  Court  and  judges  of  the  Court  of  Criminal  i^ppeals 
shall  be  tried  in  the  county  and  by  the  district  court  of  the  district,  or 
one  of  them,  in  which  the  seat  of  government  is  located.  And  contested 
elections  for  the  office  of  chief  justice  of  the  Court  of  Civil  Appeals, 
or  associate  justice  of  any  Supreme  Judicial  District  in  the  State,  shall 
be  tried  by  the  district  court,  or  either  of  them  if  there  are  more  than 
one,  in  the  county  where  said  Court  of  Civil  Appeals  has  its  sittings. 

[Id.] 


Election  Laws  of  Texas.  33 

Art.  3049.  [1796]  Contest  of  Election  for  Any  County  Of- 
fice.— Contested  elections  for  any  eoiinty  office  shall  be  tried  by  the  dis- 
trict court  in  the  county  where  the  election  was  held.  If  there  are  two 
such  courts,  then  to  be  tried  by  either  of  them.     [Id.] 

Art.  3050.  [1797]  Other  Contested  Elections  Than  for  Offi- 
cers.— Contested  elections  for  other  purposes  than  the  election  of  officers 
shall  be  tried  by  the  district  court  in  the  county  where  the  election  was 
held,  or  either  of  them,  if  there  is  more  than  one  such  court.     [Id.] 

Art.  3051.  [1798]  Xottce  of  Contest. — Any  person  intending  to 
contest  the  election  of  any  one  holding  a  certificate  of  election  as  a  mem- 
ber of  the  Legislature,  or  for  any  office  mentioned  in  this  law,  shall,' 
within  thirty  days  after  the  return  day  of  election,  give  him  a  notice 
thereof  in  writing  and  deliver  to  him,  his  agent  or  attorney,  a  written 
statement  of  the  ground  on  which  such  contestant  relies  to  sustain 
such  contest.  By  the  "return  day"  is  meant  the  day  on  which  the  votes 
cast  in  said  election  are  counted  and  the  official  result  thereof  declared. 

[id.j 

Art.  3052.  [1799]  Reply  to  \N"otice  of  CoNTEST.^The  person 
holding  such  certificate  shall,  within  ten  days  after  receiving  such  notice 
and  statement,  deliver,  or  cause  to  be  delivered,  to  said  contestant,  his 
agent  or  attorney,  a  reply  thereto  in  writing.     [Id.] 

Art.  3053.  [1800]  Service  of  Notice,  Etc. — The  notice,  state- 
ment and  reply  required  by  the  two  preceding  articles  may  be  served 
by  any  person  competent  to  testify,  and  shall  be  served  by  delivering  the 
same  to  the  party  for  whom  they  are  intended  in  person,  if  he  can  be 
found  in  the  county,  if  not  found,  then  upon  the  agent  or  attorney  of 
such  person,  or  by  leaving  the  same  with  some  person  over  the  age  of 
sixteen  vears  at  the  usual  place  of  abode  or  business  of  such  person. 
[Id.] 

Art.  3054.  [1801]  Copy  of  Notice  and  Eeply  to  Be  Filed,  Etc. 
— If  the  contest  be  for  the  validity  of  an  election  for  any  State  office, 
except  the  office  of  Governor  and  Lieutenant-Governor,  or  for  any  district 
office,  except  members  of  the  Legislature,  or  for  any  county  office,  a  copy 
of  the  notice  and  statement  of  the  contestant  and  of  the  reply  thereto  of 
the  contestee  served  on  the  parties  shall  be  filed  with  the  clerk  of  the 
court  having  jurisdiction  of  the  case.     [Id.] 

Art.  3055.  [1802]  Cause  to  Have  Precedence;  Procedure  if 
Contest  Be  for  District  Clerk. — When  the  notice,  statement  and  re- 
ply have  been  filed  with  the  clerk  of  the  court,  he  shall  docket  the  same 
as  in  other  causes,  and  the  said  contest  shall  have  precedence  over  all 
other  causes.  Should  the  office  contested  for  be  that  of  clerk  of  the 
district  court,  then  a  clerk  pro  tem.  shall  be  appointed  as  is  provided 
now  by  law  in  suits  where  the  clerk  is  a  party  to  the  suit.     [Id.] 

Art.  3056.  [1803]  Rules  of  Evidence  and  Procedure  on  Trial. 
— In  trials  of  all  contests  of  election,  the  evidence  shall  be  confined  to  the 
issues  made  by  the  statement  and  reply  thereto,  which  statement  and 
reply  may  be  amended  as  in  civil  cases;  and,  as  to  the  admission  and 


34  Electiox  Laws  of  Texas. 

exclusion   of    evidence,   the   trial   shall   be   conducted   under  the   rules 
governing  proceedings  in  civil  causes.     [Id.] 

Art.  3057.  [1S04]  Coxtestee  ix  Certaix  Cases  to  Execute  Bond. 
— Whenever  the  validity  of  an  election  for  an  officer  other  than  for  mem- 
bers of  the  Legislature  is  contested,  the  contestee  shall,  within  twenty 
days  after  the  service  of  the  notice  and  statement  of  such  contest  upon 
him,  as  provided  in  this  law,  file  Avith  the  clerk  of  the  court  in  which  such 
contest  is  pending  a  bond  with  two  or  more  good  and  sufficient  sureties, 
payable  to  the  contestant,  to  be  approved  by  said  clerk,  in  an  amount 
to  be  fixed  by  said  clerk,  and  not  less  than  double  the  probable  amount 
of  salary  or  fees  or  both,  as  the  case  may  be,  to  be  realized  from  the 
'office  being  contested  for  a  period  of  two  years.  Said  bond  to  be  con- 
ditioned that,  in  the  event  the  decision  of  the  contest  shall  be  against 
such  contestee  and  in  favor  of  the  contestant,  such  contestee  will  pay 
over  to  such  contestant  whatever  sum  may  be  adjudged  against  him  by 
a  court  having  jurisdiction  of  the  subject  matter  of  such  bond.     [Id.] 

Art.  3058.  [1804a]  Ox  Failure  of  Coxtestee  ix  Such  Cases^ 
CoxTESTAXT  TO  EXECUTE  BoxD. — Should  the  contestee  fail  to  file  the 
bond  as  required  in  the  preceding  article,  and  within  the  time  therein 
prescribed,  it  shall  be  the  duty  of  said  clerk  to  notify  the  contestant 
immediately  of  such  failure;  and  such  contestant  shall  have  the  right, 
within  ten  days  after  such  notice,  to  file  a  like  bond  payable  to  the  con- 
testee, conditioned  that,  in  the  event  the  decision  of  the  contest  is  against 
him  and  in  favor  of  the  contestee,  he  will  pay  over  to  such  contestee 
whatever  sum  may  be  adjudged  against  him,  the  said  contestant,  by  a 
court  having  jurisdiction  of  the  subject  matter  of  such  bond.     [Id.] 

Art.  3059.  [1804b]  Executiox  of  Boxd  by  Coxtestaxt  to  Be 
Certified  to  Goverxor. — Immediately  upon  the  filing  of  said  bond  by 
the  contestant,  the  clerk  shall  certify  in  writing,  and  under  his  official 
seal,  to  the  Governor  that  the  contestee  failed  to  give  the  required  bond, 
and  that  the  contestant  has  given  such  bond  in  accordance  with  law. 
[Id.] 

Art.  3060.  [1804c]  Goverx^or  to  Commissiox  Coxtestaxt  to 
Perform  Duties  of  Office  Pexdixg  Determixatiox  of  Coxtest.— 
Upon  receiving  such  certificate  from  the  clerk,  it  shall  be  the  duty  of  the 
Governor  to  issue  a  commission  to  the  said  contestant  for  the  office 
in  controversy  -pending  such  contest ;  and  thereupon  the  contestant,  upon 
qualifying  in  said  office  as  required  by  law,  shall  exercise  all  the  rights 
and  powders  and  perform  all  the  duties  of  said  office  for  the  full  term 
thereof,  unless  it  shall  be  otherwise  determined  and  ordered  by  the  court 
upon  the  trial  of  such  contest.     [Id.] 

Art.  3061.  [1804d]  Ox^  Failure-of  Contestant  to  Execute  Bond 
Goverxor  to  Commissiox  Coxtestee. — It  shall  be  the  duty  of  the 
Governor  to  issue  the  commission  to  the  contestee  at  the  time  provided 
by  law  as  in  other  cases,  unless  he  has  been  notified  of  the  failure  of  such 
contestee  to  file  the  bond  required  by  Article  3057,  in  which  event  the 
Governor  shall  withhold  the  issuance  of  such  commission  until  after  the 
time  allowed  the  contestant  to  file  such  bond  has  elapsed;  but,  if  the  said 
contestant  shall  also  fail  to  file  bond  as  provided  in  Article  3058,  and 


Election  Laws  of  Texas.  35 

within  the  lime  therein  required,  it  shall  be  the  duty  of  the  clerk  to 
certify  all  the  facts  in  the  case  under  his  official  seal  to  the  Governor, 
who  shall  thereupon  issue  the  commission  to  the  contestee.     [Id.] 

Art.  3062.  [1804e]  Fraudulent  Votes  Not  to  Be  Counted. — 
If,  upon  the  trial  of  any  contested  election  case,  any  vote  or  votes  be 
found  to  be  illegal  or  fraudulent,  the  court  trying  the  same,  shall  sub- 
tract such  vote  or  votes  from  the  poll  of  the  candidate  who  received  the 
same,  and  after  a  full  and  fair  investigation  of  the  evidence  shall  decide 
to  which  of  the  contesting  parties  the  office  belongs.     [Id.] 

Art.  3063.  [ISOlf]  Election  to  Be  Declared  Void,  When.— 
Should  it  appear  on  the  trial  of  any  contest  provided  for  in  Article  3054 
that  it  is  impossible  to  ascertain  the  true  result  of  the  election  as  to  the 
office  about  which  the  contest  is  made,  either  from  the  returns  of  the 
election  or  from  any  evidence  within  reach,  or  from  the  returns  con- 
sidered in  connection  with  other  evidence,  or  should  it  appear  from  the 
evidence  that  such  a  number  of  legal  voters  were,  by  the  officers  or  man- 
agers of  the  election,  denied  the  privilege  of  voting  as,  had  they  been 
allowed  to  vote,  would  have  materially  changed  the  result,  the  court 
shall  adjudge  such  election  void,  and  direct  the  proper  officers  to  order 
another  election  to  fill  said  office;  which  election  shall  be  ordered  and 
held  and  returns  thereof  made  in  all  respects  as  required  by  the  general 
election  laws  of  the  State.     [Id.] 

Art.  3064.  [1804g]  Bonds  Subject  to  Suit. — The  bonds  required 
to  be  filed  by  the  contestant  and  contestee  under  the  provisions  of  this 
chapter  shall  remain  on  file  in  the  office  of  the  clerk  where  filed,  and 
may  be  sued  upon  as  other  bonds.     [Id.] 

Art.  3065.  [1804h]  Appeal  Available,  and  to  Have  Precedence 
of  Hearing. — Either  the  contestant  or  contestee  may  appeal  from  the 
judgment  of  the  district  court  to  the  Court  of  Civil  Appeals,  under  the 
same  rules  and  regulations  as  are  provided  for  appeals  in  civil  cases; 
and  such  cases  shall  have  precedence  in  the  Court  of  Civil  Appeals  over  all 
other  cases.     [Id.] 

Art.  3066.  [1804i]  Transcript  on  Appeal. — In  case  of  appeal 
as  provided  for  in  the  preceding  article,  the  clerk  shall,  without  dela}^, 
make  up  the  transcript  and  forward  the  same  to  the  clerk  of  the  Court 
of  Civil  Appeals  for  that  district.     [Id.] 

Art.  3067.  [1804j]  Costs,  How  Taxed.— The  costs  in  all  contested 
election  cases  shall  be  taxed  according  to  the  laws  governing  costs  in 
civil  cases,  except  when  otherAvise  specially  proVided,  and  bond  for  cost 
may  be  required  as  in  civil  suits.     [Id.] 

x\it.  3068.  [1804k]  Measure  of  Damages. — Wliere  the  contest 
shall  have  been  decided  against  one  of  the  parties  and  the  other  party 
shall  have  filed  a  bond  and  performed  the  duties  of  the  office  under  the 
provisions  of  this  chapter,  the  bond  so  filed  shall  inure  to  the  benefit 
of  the  successful  party  in  any  suit  thereon  in  a  court  having  jurisdiction 
of  the  amount  in  controversy;  and  tlie  measure  of  damages  recoverable, 
besides  cost  of  suit,  shall  be  the  salary,  fees,  and  emoluments  of  office  of 
which  he  has  been  deprived,  less  such  reasonable  expenses  as  the  party 


36  Election  Laws  of  Texas. 

holding  the  office  shall  have  incurred  in  executing  the  duties  of  the  office; 
provided,  that  he  shall  have  acted  in  good  faith  in  receiving  the  certificate 
of  election  or  commission  for  the  office. 

Art.  3069.  [18041]  Record,  Copies  of.  How  Sent  Up.— If  the 
contest  be  for  the  validity  of  an  election  for  members  of  the  Legislature, 
a  copy  of  the  notice,  the  statement,  and  the  reply  served  upon  the  parties 
as  required  by  this  chapter,  shall,  within  twenty  days  after  the  service 
thereof,  be  filed  with  the  district  returning  officer  to  whom  the  returns 
of  such  election  were  made,  who  shall  envelope  the  same,  together  with 
a  certified  copy  of  the  poll  book  or  register  of  the  votes  of  each  precinct 
and  county  returned  to  him  in  said  election,  and  shall  seal  the  said  en- 
velope and  write  his  name  across  the  seals,  and  address  the  package  to  the 
President  of  the  Senate  or  Speaker  of  the  House  of  Representatives,  as 
the  case  may  be,  to  the  care  of  the  Secretary  of  State,  and  shall  forward 
the  same  by  mail  or  other  safe  conveyance,  to  the  seat  of  government, 
so  as  to  reach  there  if  possible  before  the  convening  of  the  Legislature. 
[Id.] 

Art.  3070.  [1804m]  Depositions  May  Be  Taken  in  Such  Case. 
— At  any  time  affer  filing  said  papers  with  said  returning  officer,  either 
party  to  said  contest  may  proceed,  at  his  own  expense,  to  take  such 
written  testimony  as  he  may  deem  proper,  having  first  served  the  oppo- 
site party,  his  agent  or  attorney,  with  a  copy  of  the  interrogatories 
he  intends  to  propound  to  each  witness,  and  the  name  of  the  officer 
before  whom  such  interrogatories  will  be  answered,  as  well  as  the  time 
and  place  of  taking  such  testimony.     [Id.] 

Art.  3071.  [1804n]  Who  May  Take  Such  Depositions. — Any 
officer  authorized  by  the  law  of  this  State  to  administer  oaths,  upon 
being  satisfied  as  to  any  costs,  including  his  own  fees,  that  may  accrue 
in  the  taking  of  such  testimony,  shall  proceed,  upon  the  application  of  the 
party  desiring  it,  to  summon  the  witness  or  witnesses  named  in  the 
interrogatories  and  take  his  or  their  answers  in  writing  and  under  oath 
to  such  interrogatories  and  cro^s-interrogatories  as  may  be  propounded  in 
writing. 

Art.  3072.  [1804o]  How  Depositions  May  Be  Returned.— The 
answers  of  each  witness  shall  be  reduced  to  writing  and  signed  by  such 
witness,  and  sworn  to  by  such  Avitness  before  the  officer  taking  the  same, 
and  shall  be  certified  to  by  such  officer  and  sealed  in  an  envelope ;  and  the 
name  of  the  said  officer  shall  be  written  by  him  across  the  seals;  and  he 
shall  forward  the  same  without  delay  by  mail  or  other  safe  conveyance 
to  the  President  of  the  Senate  or  the  Speaker  of  the  House  of  Repre- 
sentatives, as  the  case  may -be,  to  the  care  of  the  Secretary  of  State, 
at  the  seat  of  government. 

Art.  3073.  [1804p]  Procedure  in  the  House  in  Which  the 
Contest  Is  Pending. — The  notice  and  statement  of  contest  and  the 
other  papers  pertaining  thereto  shall  immediately  after  the  organization 
of  the  Legislature  be  opened  by  the  President  of  the  Senate  or  the 
Speaker  of  the  House  of  Representatives,  as  the  case  may  be;  and  the 
same  shall  be  referred  to  the  committee  on  privileges  and  elections  of 
the  House  in  which  the  contest  is  pending,  which  committee  shall  proceed 


Election  Laws  of  Texas.  37 

without  delay  to  fix  a  time  for  the  hearing  of  said  case,  and,  after  due 
notice  to  the  parties  thereto  shall  investigate  the  issues  between  said 
parties,  hearing  all  the  legal  evidence  that  may  be  presented  to  said 
committee,  and  shall  as  soon  thereafter  as  practicable  report  their  conclu- 
sions of  law  and  fact  in  respect  to  said  case  to  the  House  by  which  said 
committee  was  appointed,  accompanied  by  all  the  papers  in  the  cause, 
and  the  evidence  taken  therein,  with  such  recommendations  as  may  to 
them  seem  proper.  Any  one  or  more  of  the  committee  dissenting  from 
the  views  of  the  majority  may  present  a  minority  report.     [Id.] 

Art.  3074.  [ISO-tq]  Hearing  of  Evidence  by  Committee  on  Privi- 
leges AND  Election  ;  Pov^ers  and  Duties  of  Committee. — The  rules 
of  evidence  and  the  laws  in  force  respecting  the  admissibility  of  evidence, 
the  taking  of  depositions  and  the  issuance  and  service  of  process  in  the 
district  courts  of  this  State  shall  be  observed  by  said  committee,  so  far  as 
the  same  may  be  applicable.  Said  committee  shall  have  the  power  to  send 
for  persons  and  papers,  and  the  chairmen  of  said  committees  shall  have 
the  power  to  issue  all  process  necessary  to  secure  the  attendance  of  wit- 
nesses aud  the  production  of  papers,  ballot  boxes  and  other  documents  be- 
fore said  committee,  and  such  process  shall  be  executed  by  the  sergeant-at- 
arms  of  the  house  in  which  the  contest  is  pending,  or  by  such  other  person 
as  may  be  designated  by  the  presiding  officer  of  said  house.     [Id.] 

Art.  3075.  [1804r]  Procedure  on  Final  Trial  by  the  Body; 
Fees^  Etc. — The  house  in  which  the  contest  is  pending  shall,  as  soon 
as  practicable  after  the  report  of  the  committee  has  been  received,  fix 
a  day  for  the  trial  of  the  contest,  and  shall  proceed  to  determine  whether 
the  contestant  or  contestee,  or  either  of  them,  is  entitled  to  the  con- 
testant's seat;  provided,  the  said  house  may  hold  the  election  void  after 
full  consideration  of  all  the  evidence  and  for  the  reasons  prescribed  in 
Article  3063,  and  in  such  case  the  governor  shall  be  at  once  notified 
of  the  vacancy.  Such  fees  shall  be  paid  to  the  witnesses  and  the  officers 
serving  the  process  as  shall  be  prescribed  by  the  rules  of  the  house  in 
which  said  contest  is  pendinp".  and  no  mileage  or  per  diem  shall  be  paid 
to  either  of  the  parties  to  said  contest  until  said  case  is  determined,  and 
in  no  case  shall  any  mileage  or  per  diem  be  paid  to  any  party  against 
whom  any  contest  is  decided.     [Id.] 

Art.  3076.  [1804s]  Contest  for  Governor;  Lieutenant-Govern- 
or, Etc. — If  the  contest  be  for  the  validity  of  an  election  for  Governor, 
Lieutenant-Governor,  Comptroller  of  Public  Accounts,  Treasurer,  Com- 
missioner of  the  General  Land  Office  or  Attorney  General,  the  same  shall 
be  tried  and  determined  by  both  houses  of  the  Legislature  in  joint  session, 
and  the  provisions  of  this  chapter  governing  in  the  case  of  a  contest  for 
the  validity  of  an  election  for  members  of  the  Legislature  shall  apply  to 
and  govern  in  a  contest  for  the  offices  above  named,  as  far  as  the  same 
may  be  applicable.     [Id.  Const.,  art.  4,  sec.  3.] 

Art.  3077.  [1804t]  Other  Contested  Elections.— If  the  contest 
be  for  the  validity  of  an  election  held  for  any  other  purpose  than  the 
election  of  an  officer  or  officers  in  any  county  or  part  of  a  county  or 
precinct  of  a  county,  or  in  any  incorporated  city,  town  or  village,  any 
resident  of  such  county,  precinct,  city,  town  or  village,  or  any  number 
of  such  residents,  may  contest  such  election  in  the  district  court  of  such 


38  Electiox  Laws  of  Texas. 

count}'  in  the  same  manner  and  under  the  same  rules,  as  far  as  applicable, 
as  are  prescribed  in  this  chapter  for  contesting  the  validity  of  an  election 
for  a  county  office. 

Art.  3078.  [1804u]  Parties  Defexdaxt  Uxder  Preceding  Ar- 
ticle.— In  any  case  provided  for  in  the  preceding  article,  the  county 
attorney  of  the  county,  or  where  there  is  no  county  attorney  the  district 
attorney  of  the  district,  or  the  mayor  of  the  city,  town  or  village,  or 
the  officer  who  declared  the  official  result  of  said  election,  or  one  of  them, 
as  the  case  may  be,  shall  be  made  the  contestee,  and  shall  be  served  with 
notice  and  statement,  and  shall  file  his  reply  thereto  as  in  the  case  of  a 
contest  for  office;  but  in  no  case  shall  the  costs  of  such  contest  be  ad- 
judged against  such  contestee,  or  against  the  count}^,  city,  town  or  vil- 
lage which  they  may  represent,  nor  shall  such  contestee  be  required  to 
give  any  bond  upon  an  appeal.     [Id.] 

MISCELLAXEOUS  PROVISIOXS. 

Article  3079.  [1806]  [1755]  Couxty  Commissioxers  Shall 
Act,  Whex. — Whenever,  by  this  title,  any  duty  is  devolved  upon  a  county 
judge,  and  that  office  is  vacant,  or  such  officer  from  any  cause  fails  to 
perform  such  duty,  any  two  or  more  of  the  county  commissioners  of 
the  county  may  perform  such  duty;  and  it  shall  be  the  duty  of  said 
commissioners  to  perform  such  dutv  in  such  case.  [Act  Feb.  11,  1850, 
P.  D.  3625.] 

Art.  3080.  [1808]  [1757]  Couxty  Judge  Shall  Certify  Death 
OF  Certaix  Officers  to  Secretary  of  State. — When  any  State  or 
district  officer,  member  of  Congress,  member  of  the  Legislature  or  no- 
tary public,  shall  depart  this  life,  the  county  judge  of  the  county  where 
such  death  occurs  or  of  the  county  where  such  officer  resided,  shall 
immediatelv  certify  the  fact  of  the  death  of  such  officer  to  the  Secretarv 
of  State.     [Act  March  6,  1863.   P.  D.  3601.] 

Art.  3081.  [1810]  [1759]  Provisioxs  of  Title  Apply  to  All 
Electioxs,  Except^  Etc. — The  provisions  of  this  title  shall  apply  to 
all  elections  held  in  this  State,  except  as  otherwise  herein  provided. 
[Act  1905,  S.  S.,  p.  520,  sec.  93.] 

Art.  3082.  [1810a]  Persoxs  Xot  Eligible  to  Hold  Office. — Xo 
person  shall  be  eligible  to  any  county  or  State  office  in  the  State  of 
Texas,  unless  he  shall  have  resided  in  this  State,  for  the  period  of  twelve 
months,  and  six  months  in  the  county  in  which  he  offers  himself  as  a 
candidate  next  preceding  any  general  or  special  election,  and  shall  have 
been  an  actual  bona  fide  citizen  in  said  county  for  more  than  six  months. 
[Act  1895,  p.  81.] 

Art.  3083.  [1810b]  Certificate  of  Election  Shaul  Not  Issue, 
UxLESS,  Etc. — There  shall  not  be  issued  by  the  county  judge  of  any 
county  in  this  State  to  any  person  elected  or  appointed  to  any  office  in 
this  State  a  certificate  of  election,  unless  he  shall  have  resided  in  this 
State  for  the  period  of  twelve  months,  and  having  been  an  actual  bona 
fide  citizen  of  said  county  for  more  than  six  months  in  the  county  or 


Election  Laws  of  Texas.  39 

district  in  which  he  offers  himself  for  election  next  preceding  any  general 
or  special  election.     [Id.] 

NOMIXATIOXS— BY  PKIMAEY  ELECTIONS  AND 
OTHERWISE. 

1.      NOMINATIONS  BY  PARTIES  OF  ONE  HUNDRED  THOUSAND  VOTES 

AND  OVER. 

Article  308L  Candidates  of  Parties  of  100,000  Votes  and  Over 
TO  Be  Nominated  by  Primary  Election. — On  primary  election  day 
in  1912,  and  every  two  years  thereafter,  candidates  for  Governor  and  for 
all  other  State  ofiices  to  be  chosen  by  a  vote  of  the  entire  State,  and 
candidates  for  Congress  and  all  district  offices  to  be  chosen  by  the  vote 
of  any  district  comprising  more  than  one  county,  to  be  nominated 
by  each  organized  political  party  that  cast  one  hundred  thousand  votes 
or  more  at  the  last  general  election,  shall,  together  with  all  candidates 
for  offices  to  be  filled  by  the  voters  of  a  county,  or  of  a  portion  of  a  county, 
be  nominated  in  primary  elections  by  the  qualified  voters  of  such  party. 
[Acts  1905,  S.  S.,  p.  549,  sec.  117.] 

Art.  3085.  Primary  Election  Defined. — The  term,  "primary  elec- 
tion," as  used  in  this  chapter,  means  an  election  held  by  the  members  of 
an  organized  political  party  for  the  purpose  of  nominating  the  candidates 
of  such  party  to  be  voted  for  at  a  general  or  special  election,  or  to  nom- 
inate the  county  executive  officers  of  a  party.     [Id.  sec.  102.] 

Art.  3086.  Primary  Election  Day'  and  Second  Primary  ;  Special 
Primaries;  City,  Etc.,  Primaries. — The  fourth  Saturday  in  July  in 
the  year  1912,  and  every  two  years  thereafter,  shall  be  the  legal  pri- 
mary election  day,  and  primary  elections  to  nominate  candidates  for  a 
general  election  shall  be  held  on  no  other  day,  except  when  specially 
authorized.  Any  political  party  may  hold  a  second  primary  election  on 
the  second  Saturday  in  August  to  nominate  candidates  for  a  county 
or  precinct  office,  where  a  majority  vote  is  required  to  make  a  nomina- 
tion; but,  at  such  second  primary,  only  the  two  candidates  who  received 
the  two  highest  votes  at  the  first  primary  for  the  same  office  shall  be  voted 
for.  Nominations  of  candidates  to  be  voted  for  at  any  special  election 
shall  be  made  at  a  primary  election  at  such  time  as  the  party  executive 
committee  shall  determine,  but  no  such  committee  shall"  ever  have  the 
power  to  make  such  nominations;  provided,  that  all  precincts  in  the 
same  county  and  all  counties  in  the  same  district,  shall  vote  on  the  same 
day.  Nominations  of  party  candidates  for  offices  to  be  filled  in  a  city 
or  town  shall  be  made  not  less  than  ten  days  prior  to  the  city  or  town 
election  at  which  they  are  to  be  chosen,  in  such  manner  as  the  party 
executive  committee  for  such  city  or  town  shall  direct,  and  all  laws 
prescribing  the  method  of  conducting  county  primary  elections  shall 
apply  to  them.     [Id.  sec.  105.] 

Art.  3087.  Places  of  Holding  Primaries. — The  places  of  holding 
primary  elections  of  political  parties  in  the  various  precincts  of  the  State 
shall  not  be  within  one  hundred  yards  of  the  place  at  which  such  elections 
or  conventions  are  held  by  a  different  political  party.  When  the  chairman 
of  the  executive  committees  of  the  different  parties  cannot  agree  on  the 


40  Electiox  La  ays  of  Texas. 

places  where  precinct  primary  elections  to  be  held  on  the  same  day  shall 
be  held,  such  places  in  each  precinct  shall  be  designated  by  the  county 
judge,  who  shall  cause  public  notice  thereof  to  be  given  at  once  in  some 
newspaper  in  the  county,  or  if  there  be  none,  by  posting  notices  in  some 
public  place  in  the  precinct.     [Id.  sec.  122.] 

Art.  3088.  Polls^  Primary^  Hours  for  Opening  and  Closing, 
Etc. — The  polls  at  primary  elections  shall  be  open  at  eight  o'clock  in 
the  morning  and  closed  at  seven  o'clock  in  the  evening  of  the  same  day, 
and  the  election  shall  be  held  for  one  day  only.     [Id.  sec.  125.] 

Art.  3089.  Officers,  Etc.,  of  Primary  Election;  Appointment 
AND  Qualifications. — All  the  precinct  primary  elections  of  a  party  shall 
be  conducted  by  a  presiding  judge,  to  be  appointed  by  a  chairman  of  the 
county  executive  committee  of  the  part}^  with  the  assistance  and  ap- 
proval of  at  least  a  majority  of  the  members  of  the  county  executive  com- 
mittee. Such  presiding  judge  shall  select  an  associate  judge  and  two 
clerks  to  assist  in  conducting  the  election ;  two  supervisors  may  be  chosen 
by  any  one-fourth  of  the  party  candidates,  who,  with  the  judges  and 
clerks,  shall  take  the  oath  required  of  such  officers  in  general  elections. 
Two  additional  clerks  may  be  appointed,  but  only  when,  in  the  opinion 
of  the  presiding  judge,  there  will  be  more  than  one  hundred  votes  polled 
at  the  primary  election  in  the  precinct.  I^To  one  shall  serve  as  judge, 
clerk  or  supervisor  at  a  primary  election,  unless  he  has  paid  his  poll  tax. 
[Id.  sec.  123.] 

Art.  3090.  Judges  of  Primary  Election,  Powers  and  Duties. — • 
Judges  of  primary  elections  have  the  authority,  and  it  shall  be  their  duty, 
to  administer  oaths,  to  preserve  order  at  the  election,  to  appoint  special 
officers  to  enforce  the  observance  of  order  and  to  make  arrests,  as  judges 
of  general  elections  are  authorized  and  required  to  do.  Such  judges 
and  officers  shall  compel  the  observance  of  the  law  that  prohibits  loitering 
or  electioneering  within  one  hundred  feet  of  the  entrance  of  the  polling 
place,  and  shall  arrest,  or  cause  to  be  arrested,  anyone  engaged  in  the 
work  of  conveying  voters  to  the  polls  in  carriages  or  other  mode  of  con- 
veyance, except  as  permitted  by  this  title.     [Id.  sees.  134  and  104.] 

Art.  3091.  Majority  or  Plurality  Vote,  Question  of.  Deter- 
mined How ;  Second  Election. — The  county  executive  committee  shall 
decide  whether  the  nomination  of  county  officers  shall  be  by  majority  or 
plurality  vote,  and,  if  by  majority  vote,  the  committee  shall  call  as 
many  such  elections  as  may  be  necessary  to  make  such  nomination,  and, 
in  case  the  committee  fails  to  so  decide,  then  the  nomination  of  all  such 
officers  shall  be  by  a  pluralitv  of  the  votes  cast  at  such  election.  [Acts 
1905,  S.  S.,  p.  546,  sec.  111.] 

Art.  3092.  Majority  or  Plurality  Vote,  Question  of.  Deter- 
mined How. — The  county  executive  committee  may  determine  whether 
the  nomination  of  county  officers  shall  be  by  a  majority  or  plurality  vote 
in  such  county,  and,  if  by  a  majority  vote,  then  the  committee  may  call 
as  many  such  elections  as  may  be  necessary  to  make  such  nomination. 
[Id.  sec.  117.] 

Art.  3093.  Qualifications  for  Voting;  Poll  Tax  in  Cities  of 
10,000  AND  Over;  Additional  Qualifications,  Etc. — No  one  shall 


Election  Laws  of  Texas.  41 

vote  in  any  primary  election,  unless  he  has  paid  his  poll  tax  or  obtained 
his  certificate  of  exemption  from  its  payment,  in  cases  where  such  cer- 
tificate is  required,  before  the  first  of  February  next  preceding,  which 
fact  must  be  ascertained  by  the  officers  conducting  the  primary  election 
by  an  inspection  of  the  certified  lists  of  qualified  voters  of  the  precinct, 
and  of  the  poll  tax  receipts  or  certificates  of  exemption ;  nor  shall  he  vote 
in  any  primary  election  except  in  the  voting  precinct  of  his  residence; 
provided,  that,  if  this  receipt  or  certificate  be  lost  or  misplaced,  or  in- 
advertently left  at  home,  that  fact  must  be  sworn  to  by  the  party  offering 
to  vote;  and  provided,  further,  that  the  requirements  as  to  presentation 
of  the  poll  tax  receipt,  certificate  of  exemption  or  affidavit  shall  apply 
only  to  cities  of  ten  thousand  population  or  over  as  shown  by  the  last 
United  States  census;  provided,  that  the  executive  committee  of  any 
party  for  any  county  may  prescribe  additional  qualifications  for  voters 
in  such  primaries,  not  inconsistent  with  this  title.     [Id.  sec.  103.] 

Art.  3094.  Expenses  of  Primary  Election  How  Met. — At  the 
meeting  of  the  county  executive  committee  provided  for  in  Aiticle  3106, 
the  county  committee  shall  also  carefully  estimate  the  cost  of  printing 
the  official  ballots,  renting  polling  places  where  same  may  be  found 
necessary,  providing  and  distributing  all  necessary  poll  books,  blank 
stationery  and  voting  booths  required,  compensation  of  election  officers 
and  clerks  and  messengers,  to  report  the  result  in  each  precinct  to  the 
county  .  chairman,  as  provided  for  herein,  and  all  other  necessary  ex- 
penses of  holding  such  primaries  in  such  counties,  and  shall  apportion 
such  cost  among  the  various  candidates  for  nomination  for  county  and 
precinct  offices  only  as  herein  defined,  and  offices  to  be  filled  by  the  voters 
of  such  county,  or  precinct  only  (candidates  for  State  offices  excepted), 
in  such  manner  as  in  their  judgment  is  just  and  equitable,  giving  due 
consideration  to  the  importance  and  emoluments  of  each  such  office  for 
which  a  nomination  is  to  be  made,  and  shall,  by  resolution,  direct  the 
chairman  to  immediately  mail  to  each  person  whose  name  has  been  re- 
quested to  be  placed  on  the  official  ballot  a  statement  of  the  amount  of 
such  expenses  so  apportioned  to  him,  with  the  request  that  he  pay  the 
same  to  the  county  chairman  on  or  before  the  fourth  Monday  in  June 
thereafter.     [Id.  sec.  111.] 

Art.  3095.  Ballot,  Official,  at  Primaries,  Form,  Etc.,  of,  and 
Manner  of  Voting. — The  vote  at  all  general  primaries  shall  be  by 
official  ballot,  which  shall  have  printed  at  the  head  the  name  of  the 
party,  and  under  such  head  the  names  of  all  candidates,  those  for  each 
nomination  being  arranged  in  the  order  determined  by  the  various  com- 
mittees as  herein  provided  for,  beneath  the  title  of  the  office  for  which 
the  nomination  is  sought.  The  voter  shall  erase  or  mark  out  all  the 
names  he  does  not  wish  to  vote  for.  The  official  ballot  shall  be  printed 
in  black  ink  upon  white  paper  and  beneath  the  name  of  each  candidate 
thereof  for  State  and  district  offices,  there  shall  be  printed  the  county  of 
his  residence.  The  official  ballot  shall  be  printed  by  the  county  committee 
in  each  county,  which  shall  furnish  to  the  presiding  officer  of  the  general 
primary  for  each  voting  precinct  at  least  one  and  one-half  times  as  many 
of  such  official  ballots  as  there  are  poll  taxes  paid  for  such  precinct, 
as  shown  by  the  tax  collector's  list.  Where  two  or  more  candidates  are  to 
be  nominated  for  the  same  office,  to  be  voted  for  by  the  qualified  voters 


42  Electiox  Laws  of  Texas. 

■  "  %:*!  I 
of  the  same  district,  county  or  justice  precinct,  such  candidates  shall 
be  voted  for  and  nominations  made  separate!}',  and  all  nominations  shall 
be  separately  designated  on  the  official  ballots  by  numbering  the  same, 
"1,"  "2,"  "3,"  etc.,  printing  the  abbreviation  "Xo\,"  and  the  designating 
number  after  the  title  of  the  office  for  which  such  nominations  are  to  be 
made.  Each  candidate  for  such  nominations  shall  designate  in  the  an- 
nouncement of  his  candidacy,  and  in  his  request  to  have  his  name  placed 
on  the  official  ballot,  the  number  of  the  nomination  for  which  he  desires 
to  become  a  candidate,  and  the  names  of  all  candidates  so  requesting 
shall  have  their  names  printed  beneath  title  of  the  office  and  the  number 
so  designated.  Each  voter  shall  vote  for  only  one  candidate  for  each 
such  nomination.     [Id.  sec.  107.] 

Art.  3096.  Ballot,  Primary,  Xo  Symbol,  Etc.,  ox.  Except,  Etc., 
Ballot  Without  Test  Xot  Couxted,  Etc. — Xo  official  ballot  for  pri- 
mary election  shall  have  on  it  any  symbol  or  device  or  any  printed  matter, 
except  a  primary  test,  to  be  uniform  throughout  the  State,  which  shall 

read  as  follows :     "I  am  a (inserting  the  name  of  the 

political  party  or  organization  of  which  the  voter  is  a  member),  and 
pledge  myself  to  support  the  nominees  of  this  primary;"  and  any 
ballot  which  shall  not  contain  such  test  printed  above  the  names  of  the 
candidates  thereon,  shall  be  void  and  shall  not  be  counted.  Such  ballot 
shall  also  contain  the  names  and  residences  of  the  candidates. 

Art.  3097.  Ballot,  Primary  or  Gexeral,  Xo  Symbol,  Etc.,  Ox, 
Etc.;  Referendum  ox  Uxited  States  Sexator. — Xo  official  ballot, 
either  for  a  primary  or  general  election,  shall  have  on  it  any  symbol  or 
device  or  any  printed  matter,  except  that  which  is . authorized  by  law; 
and  no  ballot  cast  in  violation  of  this  article  shall  be  counted  for  any 
candidate.  Provided,  that  the  executive  committee  of  the  party  for  any 
county  shall  print  on  the  primary  ticket  the  names  of  all  persons  whose 
names,  not  less  than  thirty  days  prior  to  the  day  of  the  primary,  shall 
be  requested  to  be  printed  thereon  as  candidates  for  United  States  Sen- 
ator; and  the  executive  committee  shall  forward  to  each  nominee  of  the 
party  for  State  Senator  and  Representative  voted  for  by  the  voters  of  such 
county,  a  certified  statement  of  the  vote  cast  in  the  county  for  each  such 
candidate.     [Id.  sec.  124.] 

Art.  3098.  Ballot,  Primary,  Caxdidate  for  State  Office,  Placed 
ON,  How. — Any  person  affiliating  with  any  party  who  desires  his  name 
to  appear  on  the  official  ballot  for  a  general  primary,  as  a  candidate 
for  the  nomination  of  such  party  for  any  State  office,  shall  file  with  the 
State  chairman  not  later  than  the  first  Monday  in  June  preceding  such 
primary,  his  written  request  that  his  name  be  placed  upon  such  official 
ballot  as  a  candidate  for  the  nomination  named  therein,  giving  his  age 
and  occupation,  the  county  of  his  residence  and  his  postoffice  address, 
which  shall  be  signed  by  him  and  acknowledged  by  him  before  some 
officer.  Any  twenty-five  qualified  voters  may  likewise  join  in  the  request 
that  the  name  of  any  person  affiliating  with  such  party  be  placed  upon 
the  official  ballot  as  a  candidate  for  any  State  nomination,  giving  the 
occupation,  county  of  residence  and  postoffice  address  of  such  person 
signing  and  acknowledging  the  same  as  above  provided,  and  may  file 
the  same  with  the  State  chairman  on,  or  prior  to,  the  date  above  men- 


Election  Laws  of  Texas.  43 

tioiied,  witli  the  same  effect  as  if  such  request  had  been  filed  by  the  party 
named  therein  as  a  candidate  for  such  nomination.  All  such  requests 
shall  be  considered  filed  with  the  State  chairman  when  they  are  sent  from 
any  point  in  this  State  l)y  registered  mail,  addressed  to  the  State  chair- 
man at  his  postoffice  address.     [Id.  sec.  108.] 

Art.  3099.  State  Executive  Committee  to  Meet  When  and 
Certify  Kimes  of  Candidates  in  Primary  to  County  Chairman. — 
On  the  second  Monday  in  June  preceding  each  general  primary,  the  State 
committee  shall  meet  at  some  place  to  be  designated  by  its  chairman, 
of  which  designation  it  shall  be  the  duty  of  such  chairman  to  notify 
by  mail  all  members  of  said  committee,  "and  all  persons  whose  names 
have  been  requested  to  be  placed  upon  the  official  ballot,  not  less  than 
three  days  prior  to  such  meeting.  Such  committee  at  this  meeting  shall, 
by  resolution,  direct  their  chairman  to  certify  to  each  county  chairman 
in  the  State  the  names  of  such  candidates  and  county  of  residence  of  each 
as  shown  by  the  requests  filed  with  the  State  chairman.  Copies  of  such 
certificates  shall  be  immediately  furnished  to  each  newspaper  in  the 
State  desiring  to  publrsh  the  same,  and  one  copy  shall  be  immediately 
mailed  to  the  chairman  of  the  executive  committee  of  each  countv.  [Id. 
sec.  109.] 

Art.  3100.  Ballot,  Primary,  Candidate  for  District  Office 
Placed  on  How;  Certification. — Any  person  desiring  his  name  to 
appear  on  the  official  ballot  as  a  candidate  for  the  nomination  for  chief 
justice  or  associate  justice  of  the  Court  of  Civil  Appeals,  or  for  Repre- 
sentative in  Congress,  or  for  State  Senator,  or  for  Eepresentative,  or 
district  judge,  or  district  attorney,  in  representative  or  judicial  districts 
composed  of  more  than  one  county,  shall  file  with  the  chairman  of  the 
executive  committee  of  the  party  for  the  district,  the  request  prescribed 
in  this  chapter,  with  reference  to  the  candidate  for  State  nominations, 
or,  if  there  be  no  chairman  of  such  district  executive  committee,  then 
with  the  chairman  of  each  county  composing  such  district,  not  later  than 
the  first  Monday  in  June  preceding  the  general  primary.  Such  requests 
may  likewise  be  filed  not  later  than  said  date  by  any  twenty-five  qualified 
voters  resident  within  such  district,  signed  and  acknowledged  by  such 
voters  in  the  manner  prescribed  respecting  such  request  signed  by  a 
candidate  named  therein.  Immediately  after  said  date  it  shall  be  the 
duty  of  each  such  district  chairman  to  certify  the  names  of  all  persons 
for  whom  such  requests  have  been  filed  to  the  county,  chairman  of  each 
county  composing  such  district;  and  each  county  committee  shall  deter- 
mine by  lot  the  order  which  the  names  of  all  candidates  for  each  such 
district  office  shall  be  printed  upon  the  official  ballot.     [Id.  sec.  110.] 

Art.  3101.  Ballot,  Primary,  Candidate  for  County,  Etc.,  Office 
Placed  On,  How. — Any  person  desiring  his  name  to  appear  on  the 
official  ballot  for  the  general  primary,  as  a  candidate  for  the  nomination 
for  any  office  to  be  filled  by  the  qualified  voters  of  a  county,  or  a  portion 
thereof,  or  for  county  chairman,  shall  file  with  the  coimty  chairman 
of  the  county  of  his  residence,  not  later  than  the  Saturday  before  the 
third  Mondav  in  June  preceding  such  primary,  a  written  request  for  his 
name  to  be  printed  on  such  official  ballot  as  a  candidate  for  the  nomina- 
tion or  position  named  therein,  giving  his  occupation  and  postoffice  ad- 


M  Electiox  Laws  of  Texas. 

dress,  giving  the  street  and  number  of  his  residence,  if  within  a  city 
or  town,  such  request  to  be  signed  and  acknowledged  by  him  before  some 
officer  authorized  to  take  acknowledgment  to  deeds.  Such  request  sim- 
ilarly signed  and  acknowledged  by  any  twenty-five  qualified  voters  resi- 
dent in  the  county  may  be  filed  on  or  before  said  date,  requesting  that 
the  name  of  any  person  named  therein  may  be  placed  on  the  official  ballot 
as  a  candidate  for  any  county  or  precinct  office  or  chairmanship,  with 
like  effect  as  is  such  request  was  filed  by  the  person  named  as  a  candidate 
therein ;  which  request  shall  be  endorsed  by  the  candidate  named  therein, 
showing  his  consent  to  such  candidacy,  if  nominated.     [Id.  sec.  111.] 

Art.  3102.  Candidates  Before  Primary,  Certificates  of  Pre- 
sented TO  County  Committee  by  Chairman. — At  the  meeting  of  the 
county  executive  committee  provided  for  in  Article  3106,  the  county 
chairman  shall  present  to  the  committee  the  certificates  of  the  chairman 
of  the  State  and  the  various  district  executive  committees,  showing 
the  names  of  all  persons  whose  names  are  to  appear  on  the  official  ballot 
as  candidates  for  State  and  district  offices.     [Id.  sec.  111.] 

Art.  3103.  Primary  Committee;  Appointment;  to  Make  Up  Of- 
ficial Ballot. — The  county  chairman  shall  appoint,  subject  to  the  ap- 
proval of  the  committee,  a  sub-committee  of  five  members  to  be  known 
as  the  primary  committee,  of  which  he  shall  be  ex-officio  chairman,  which 
sub-committee  shall  meet  on  the  second  Monday  in  July  and  make  up 
the  official  ballot  for  such  general  primary  in  such  county,  in  accordance 
with  the  certificates  of  the  State  and  district  chairman,  and  the  requests 
filed  with  the  county  chairman  and  placing  [place]  the  name  of  can- 
didates for  nomination  for  State,  district,  county  and  precinct  officers 
thereon  in  the  order  determined  by  the  county  executive  committee  as 
herein  provided.     [Id.  sec.  111.] 

Art.  3101.  No  Candidate  Placed  On  Ballot  Who  Has  Xot  Paid 
Pro  Rata  Expenses. — The  name  of  no  person  shall  be  placed  on  the 
ballot  for  a  county  or  precinct  office  who  has  not  paid  to  the  county  ex- 
ecutive committee  the  amount  of  the  estimated  expenses  of  holding 
such  primary,  apportioned  to  him  by  the  county  executive  committee,  as 
hereinbefore  provided.  No  candidate  for  a  State  or  district  office,  unless 
such  district  is  composed  of  one  county  only,  shall  be  required  to  pay 
any  portion  of  such  cost,  unless  the  executive  committee  of  the  county 
shall  so  direct;  but  in  no  event  shall  more  than  one  dollar  apiece  be  as- 
sessed against  any  such  candidate  for  a  State  or  district  office,  unless  such 
district  is  composed  of  one  county  only.     [Id.  sec.  111.] 

Art.  3105.  Order  of  Names  on  Ballot^  Determined  How^  and 
When. — It  shall  be  the  duty  of  the  various  county  committees  of  any 
political  part}^  on  the  day  and  date  set  apart  by  this  chapter  for  arrang- 
ing for  primary  elections,  to  determine  the  order  in  which  the  names  of 
the  various  candidates  for  State  or  district  or  county  and  precinct  offices 
shall  appear  on  the  ticket,  and  said  order  shall  be  determined  by  lot, 
so  no  preference  shall  be  given  to  any  candidate.     [Id.  sec.  113.] 

Art.  3106.  Order  of  Names  on  Ballot  Determined  How,  and 
When. — On  the  third  Monday  in  June  preceding  such  general  primary, 
the  county  executive  committee  of  each  county  shall  meet  at  the  county 


Election  Laws  of  Texas.  45 

seat  and  determine  by  lot  the  order  in  which  the  names  of  all  candidates 
for  each  nomination  or  position  requested  to  be  printed  on  the  official 
ballot  shall  be  printed  thereon.     [Id.  sec.  111.] 

Art.  3107.  County  Executive  Committees^  County,  and  Pre- 
cinct Chairmen,  Elected  at  Primary,  Etc. — There  shall  be,  for 
each  political  party  required  by  this  law  to  hold  primary  elections  for 
nomination  of  its  candidates,  a  county  executive  committee,  to  be  com- 
posed of  one  member  from  each  voting  or  Justice  precinct  in  such  county, 
as  the  party  executive  committee  may  direct,  the  members  of  which  county 
executive  committee  as  Avell  as  the  county  chairman  and  a  precinct  chair- 
man for  each  voting  or  justice  precinct,  as  the  case  may  be,  shall  be  elected 
by  the  qualified  voters  of  the  county  on  primary  election  day;  provided, 
that,  in  case  of  a  vacancy  occurring  in  the  office  of  chairman,  county 
or  precinct,  or  any  member  of  such  committee,  such  vacancy  shall  be 
filled  by  a  majority  vote  of  said  executive  committee.  [Acts  1905,  S.  S., 
p.  544.     Acts  1907,  p.  331,  sec.  10(3.] 

Art.  3108.  County  Chairman,  Voted  for;  Member  of  District 
Committee^  Etc.^  Term. — On  primary  election  day,  when  candidates  for 
State,  district,  county  and  precinct  offices  are  nominated,  the  voters  of 
each  organized  political  party  sliall  vote  for  a  chairman  of  the  county  ex- 
ecutive committee,  and  the  result  shall  be  reported  to  the  county  clerk, 
and  the  county  chairman  thus  elected  shall  at  once  enter  upon  the  dis- 
cliarge  of  the  duties  of  such  position;  the  said  county  chairman  shall  be 
ex  officio  a  member  of  the  executive  committee  of  all  districts  of  which 
his  county  is  a  part ;  and  the  district  committee  thus  formed  shall  elect 
its  own  chairman.     [Acts  1905,  S.  S.,  p.  551,  sec.  121.] 

Art.  3109.  Chairman,  County  or  Precinct,  Where  No  Candi- 
dates FOR,  Blanks. — If  there  are  no  requests  filed  for  candidates  for 
county  or  precinct  chairman,  a  blank  space  shall  be  left  on  the  ticket  be- 
neath the  designation  of  such  position.     [Id.  sec.  111.] 

Art.  3110.  Referendum  on  Plaform  Demands,  and  Submission  of 
Same,  Upon. — Any  political  party  in  this  State,  in  convention  assembled, 
shall  never  place  in  the  platform  or  resolutions  of  the  party  they  rep- 
resent any  demand  for  specific  legislation  on  any  subject,  unless  the  de- 
mand for  such  specific  legislation  shall  have  been  submitted  to  a  direct 
vote  of  the  people,  and  shall  have  been  endorsed  by  a  majority  vote  of 
all  the  votes  cast  in  the  primary  election  of  such  party;  provided,  that 
the  State  executive  committee  shall,  on  petition  of  ten  per  cent  of  the 
voters  of  any  party,  as  shown  by  the  last  primary  election  vote,  submit 
any  such  question  or  questions  to  the  voters  at  the  general  primary 
next  preceding  the  State  convention.     [Acts  1907,  p.  328,  sec.  120.] 

Art.  3111.  Referendum  Instruction  of  Delegates  by.  Method, 
Etc. — Whenever  delegates  are  to  be  selected  by  any  political  party  to 
any  State  or  county  convention,  by  primary  election  or  primary  con- 
vention, or  candidates  are  instructed  or  nominated,  it  shall  be  the 
duty  of  the  chairman  of  the  county  or  precinct  executive  committee 
of  said  political  party,  upon  the  application  of  ten  per  cent  of  the  mem- 
bers of  said  party,  who  are  legally  qualified  voters  in  said  county  or  pre- 
cinct, to  submit,  at  the  time  and  place  of  selecting  said  delegates,  any 


46  Electiox  Laws  of  Texas. 

proposition  desired  to  be  voted  upon  by  said  voters;  and  the  delegates 
selected  at  that  time  shall  be  considered  instructed  for  whichever  proposi- 
tion for  which  a  majority  of  the  votes  are  cast ;  provided,  that  the  num- 
ber of  voters  belonging  to  said  political  party  shall  be  determined  by 
the  votes  cast  for  the  party  nominee  for  Governor  at  the  preceding  elec- 
tion; and  provided  further,  that  said  application  is  filed -with  the  county 
or  precinct  chairman  at  least  five  days  before  the  tickets  are  to  be  printed, 
and  the  chairman  may  require  a  sworn  statement  that  the  names  of  said 
applicants  are  genuine.     [Acts  1905,  S.  S.,  p.  556,  sec.  140.] 

[Xote. — For  provision  for  referendum  on  United  States  Senator,  see 
Article  3097.] 

Art.  3112.  Supplies,  Executive  Committee  to  Supervise  axd  Dis- 
tribute.— The  executive  committee  shall  have  general  supervision  of 
the  primary  in  such  count}^  and  shall  be  charged  with  the  full  respon- 
sibility for  the  distribution  of  all  supplies  necessary  for  holding  same 
in  each  precinct,  to  the  presiding  judge  thereof.     [Id.  sec.  123.] 

Art.  3113.  If  Presiding  Officer  Fail  to  Obtain  Supplies,  to 
Whom  Delivered. — If  the  duly  appointed  presiding  officer  shall  fail  to 
obtain  from  the  executive  committee  the  supplies  for  holding  such  elec- 
tion, such  committee  shall  deliver  the  same  to  the  precinct  chairman 
for  such  precinct,  and,  if  unable  to  deliver  the  same  to  such  presiding 
officer  or  precinct  chairman  not  less  than  twenty-four  hours  prior  to  the 
time  of  opening  the  polls  for  such  primary,  such  committee  shall  deliver 
the  same  to  any  qualified  voter  of  the  party  residing  in  such  precinct, 
taking  his  receipt  therefor  and  appointing  him  to  hold  such  election  in 
case  sucli  presiding  officer  or  precinct  chairman  shall  fail  to  appear  at 
the  time  prescribed  for  opening  the  polls.     [Id.  sec.  123.] 

Art.  3114.  Booths,  Etc.,  for  Gexeral  Electiox,  Used  for  Pri- 
mary.— The  voting  booths,  ballot  boxes  and  guard  rails,  prepared  for  a 
general  election,  may  be  used  by  the  organized  political  party  nominating 
by  primary  election  that  cast  over  one  hundred  thousand  votes  at  the  last 
preceding  general  election.     [Id.  sec.  128.] 

Art.  3115.  Safeguards  Agaixst  Fraud;  List  of  Voters;  Stamp- 
IXG,  Etc. — To  guard  against  fraud,  a  certified  list  and  supplemental 
list  of  the  qualified  voters  of  the  voting  precinct,  furnished  by  the  col- 
lector of  taxes,  shall  be  in  the  possession  of  the  officers  conducting  the 
primary  election  for  reference  and  comparison,  and  opposite  the  name 
of  every  voter  on  said  list  shall  be  stamped,  when  his  vote  is  cast,  with 
a  rubber  or  wooden  stamp,  or  written  with  pen  and  ink  the  words, 
"primary — voted,"  with  the  date  of  such  primary  under  the  same.  [Id. 
sec.  104^] 

Art.  3116.  List  of  Voters  Furxished,  to  Be  Used  ix  Primary^ 
Etc. — The  county  tax  collector  shall  deliver  to  the  chairman  of  the 
county  executive  committee  of  each  political  party,  for  its  use  in  pri- 
mary elections,  at  least  five  days  before  election  day,  certified  lists  of  the 
qualified  voters  of  each  precinct  in  the  county,  arranged  alphabetically 
and  by  precincts,  who  have  paid  their  poll  tax  or  received  certificates 
of  exemption;  and  it  shall  be  the  duty  of  such  chairman  to  place  the 
same  in  the  hands  of  the  election  officers  of  each  election  precinct  before 


Election  Laws  of  Texas.  47 

the  polls  are  open;  and  no  primary  election  shall  he  legal,  unless  such 
list  is  obtained  and  used  for  reference  during  the  election.  For  each 
list  of  all  the  qualified  voters  of  the  county  who  have  paid  their  poll 
taxes  and  received  their  certificates  of  exemption,  the  collector  shall  be 
permitted  to  charge  not  more  than  five  dollars,  the  same  to  be  paid  by 
the  party  or  its  chairman  so  ordering  said  lists;  provided,  that  the 
charge  of  five  dollars  shall  be  in  full  for  the  certified  lists  of  all  the  voters 
of  the  county  arranged  by  precincts,  as  above  provided.     [Id.  sec.  129.] 

Art.  3117.  Same  Subject. — It  shall  be  the  duty  of  the  tax  collector 
of  each  county,  upon  application  by  the  county  chairman  of  the  various 
political  parties,  to  furnish  to  the  presiding  judges  of  the  election  in  the 
several  precincts  certified  copies  of  the  list  of  qualified'  voters  of  the 
several  precincts,  which  said  copies  shall  -be  furnished  at  least  four 
days  prior  to  said  primary  election.     [Id.  sec.  104.] 

Art.  3118.  Precautiox  to  Secure  Purity  of  Ballot. — The  same 
precautions  required  by  law  to  secure  the  purity  of  the  ballot  box  in 
general  elections,  in  regard  to  the  ballot  boxes,  locking  the  ballot  boxes, 
sealing  the  same,  watchful  care  of  them,  the  secrecy  in  preparing  the 
ballot  in  the  booth  or  places  prepared  for  voting  shall  be  observed  in 
all  primary  elections.     [Id.  sec.  135.] 

Art.  3119.  Ballots,  Others,  Furnished  Where  Mutilated,  Etc. 
— No  more  than  three  ballots  in  succession  shall  be  furnished  a  voter  who 
mutilates  or  otherwise  spoils  his  ballot;  and  the  judges  may,  as  in  general 
election,  require  a  voter,  before  he  receives  an  official  ballot,  to  surrender 
to  them  any  ballot  or  paper  on  which  is  written  or  printed  any  names  for 
which  the  voter  has  agreed  to  vote  or  been  requested  to  vote.  [Id. 
sec.  138.] 

Art.  3120.  Intoxicating  Liquors,  Sale  of  Prohibited;  Officers 
'Not.  to  Partake. — The  law  prohibiting  the  sale  of  intoxicating  liquor 
on  election  day  applies  to  primary  elections  with  all  its  prohibitions; 
and  the  officers  of  primary  elections  shall  not,  on  primary  election  day, 
partake  of  spirituous,  vinous,  malt  or  intoxicating  liquors  after  the  polls 
are  open.     [Id.  sec.  127.] 

Art.  3121.  Returns  of  Primary  Elections,  Ballot  Boxes,  Etc. — 
Returns  shall  be  made  within  four  days  to  the  chairman  of  the  executive 
committee  by  the  precinct  judges,  of  the  ballot  boxes  containing  the 
ballots  voted,  locked  and  sealed,  tally  sheets,  return  sheets,  ballots  mu- 
tilated and  defaced,  and  ballots  not  voted,  for  which  he  shall  account 
to  the  executive  committee  of  the  county.     [Id.  sec.  136.] 

Art.  3122.  Returns  to  County  Chairman;  Canvass  by  Executive 
Committee,  AVhen. — All  returns  of  precinct  primary  elections,  properly 
signed  and  certified  as  correct  by  the  judges  and  clerks  thereof,  showing 
the  vote  cast  for  each  candidate,  shall  be  sealed  and  immediately  de- 
livered, after  such  primary  election,  to  the  chairman  of  the  county 
executive  committee  of  the  party.  Such  party  chairman  shall  give  notice 
to  the  members  of  the  county  executive  committee  to  assemble  at  the 
county  seat  of  the  county  on  the  first  Saturday  after  the  first  primary 
election;  and  said  returns  shall  then  be  opened  under  the  direction  of 
such  executive  committee  and  canvassed  by  them.     [Id.  sec.  131.] 


48  Election  Laws  of  Texas. 

Art.  3123.  Canvass  of  Eesult  of  Primary  Election  by  County 
Executive  Committee,  When. — All  county  executive  committees  of  or- 
ganized political  parties  shall  meet  the  first  Saturday  after  each  pri- 
mary election  to  canvass  the  result  of  such  election.     [Id.  sec.  112.] 

Art.  3124.  Tie  in  Primary  Election,  As  to  County  or  Precinct 
Office,  Determined  by  Lot,  Etc. — If,  on  counting  the  vote  in  a  pri- 
mary election,  it  shall  appear  that,  for  a  county  or  precinct  office,  the 
largest  vote  has  been  cast  for  two  candidates  for  the  same  office,  and  that 
they  have  each  received  the  same  number  of  votes,  the  chairman  of  the 
executive  committee  shall,  in  the  presence  of  the  executive  committee  or 
the  county  convention,  as  the  case  may  be,  cast  lots  for  the  nomination 
in  such  manner  as  they  may  direct  and  in  the  presence  of  rival  candi- 
dates, if  they  desire  to  be  present,  and  declare  and  certify  the  result 
of  that  candidate  who  is  successful  by  lot.     [Id.  sec.  133.] 

Art.  3125.  List  of  Nominees  Made  by  Committee,  and  Certified 
by  Chairman  to  County  Clerk. — The  county  executive  committee 
shall  make  a  list  of  the  candidates  who  have  received  the  highest  vote 
for  office,  and  the  chairman  of  the  executive  committee  shall  certify 
to  the  same  and  deliver  it  to  the  county  clerk  of  the  county.  [Id. 
sec.  131.] 

Art.  3126.  County  Chairman  to  Prepare  Statement  of  Vote, 
Etc.,  Mail  to  State  and  District  Chairman,  Presented  to  Com- 
mittees.— -The  chairman  of  the  executive  committee  in  each  county 
shall,  as  soon  as  the  vote  cast  in  the  primary  election  has  been  counted 
and  canvassed  as  herein  provided  for,  prepare  a  tabulated  statement  of 
the  votes  cast  in  his  county  for  each  candidate  for  each  nomination 
for  a  State,  district,  county  or  precinct  office,  and  of  that  cast  for 
county  chairman,  as  shown  by  the  canvass  made  by  the  county  executive 
committee,  and  shall  immediately  mail  such  statement  as  to  a  State  or 
district  office,  in  a  sealed  envelope  by  registered  letter,  to  the  chairman 
of  the  State  executive  committee,  and  district  executive  committee,  re- 
spectively, who  shall  present  the  same  to  the  State  and  district  committee 
at  its  meeting  to  be  held  as  herein  provided.     [Id.  sec.  117.] 

Art.  3127.  Nominees  for  State,  Etc.,  Offices,  Published  and 
Certified,  to  Whom.— As  to  candidates  for  Governor,  or  for  an  office 
to  be  filled  by  all  the  voters  of  the  State,  or  of  any  district  composed 
of  more  than  one  county,  the  chairman  of  the  county  executive  com- 
mittee and  its  secretary  shall  certify  the  number  of  votes  cast  for  each 
of  such  candidates,  and  cause  the  same  to  be  published  in  some  newspaper 
of  the  county,  if  there  be  one,  and  deliver  his  certificate  of  the  vote  cast 
for  each  candidate  for  such  office  to  the  president  of  the  next  State 
convention  of  the  party  in  the  manner  required  in  this  title,  and  certify 
the  vote  cast  for  each  district  office  to  the  chairman  of  the  district  commit- 
tee.    [Id.  sec.  131.] 

Art.  3128.  Ballots  Accounted  For. — All  ballots  given  to  the  elec- 
tion judges  of  the  precinct  by  the  executive  chairman,  or  some  member 
of  the  executive  committee,  shall  be  used  and  accounted  for  as  in  general 
elections.     [Id.  sec.  130.] 


Election  Laws  of  Texas.  49 

Art.  3129.  Boxes,  and  Ballots,  Disposition  of. — Ballot  boxes  after 
being  used  in  primary  elections  shall  be  returned  with  the  ballots  east, 
or  contained  in  each  box  as  they  were  deposited  by  the  election  judges, 
locked  and  sealed,  to  the  county  clerk,  and,  unless  there  be  a  contest 
for  a  nomination  in  which  fraud  or  illegality  is  charged,  they  shall  be 
unlocked  and  unsealed  by  the  county  clerk  and  their  contents  destroyed 
by  the  county  clerk  and  the  county  judge  without  examination  of  any 
ballot,  at  the  expiration  of  sixty  days  after  such  primary  election.  [Id. 
sec.  143.] 

Art.  3130.  County  Clerk  to  Publish,  Etc.,  Nominees. — The 
county  clerk  shall  cause  the  names  of  the  candidates  who  have  received 
the  necessary  vote  to  nominate,  as  directed  by  the  county  executive  com- 
mittee, for  each  office,  to  be  printed  in  some  newspaper  published  in  the 
county,  and,  if  no  newspaper  be  published  in  a  county,  then  he  shall 
post  a  list  of  such  names  in  at  least  five  public  places  in  the  county,  one 
of  which  shall  be  upon  the  door  of  the  court  house  in  said  county.  [Id. 
sec.  131.] 

Art.  3131.  Objections  to  Nomination  to  Be  Made  AVithin  Five 
Days. — All  objections  to  the  regularity  or  validity  of  the  nomination 
of  any  person,  whose  name  appears  in  said  list,  shall  be  made  within  five 
days  after  such  printing  or  posting,  by  a  notice  in  writing  filed  with  the 
county  clerk,  setting  forth  the  grounds  of  objections.  In  case  no  such 
objection  is  filed  within  the  time  prescribed,  the  regularity  or  validity 
of  the  nomination  of  no  person  whose  name  is  so  printed  or  posted,  shall 
be  thereafter  contested.     [Id.  sec,  131.] 

Art.  3132.  Names  Printed  on  Ballot,  When  and  How. — After 
said  names  have  been  so  printed  or  posted  for  the  period  above  required/ 
the  said  clerk  shall  cause  said  names  to  be  printed  on  the  official  ballot 
in  the  column  for  the  ticket  of  that  party.     [Id.  sec.  131.] 

Art.  3133.  County  Clerk  to  Post  Names  of  Candidates  Ten 
Days  Before  Printing  on  Ballot,  Etc. — It  shall  be  the  duty  of  the 
county  clerk  of  each  county  to  post  in  a  conspicuous  place  in  his  office, 
for  the  inspection  and  information  of  the  public,  the  names  of  all  candi- 
dates that  have  been  lawfully  certified  to  him  to  be  printed  on  the  official 
ballot,  for  at  least*  ten  days  before  he  orders  the  same  to  be  printed  on 
said  ballot ;  and  he  shall  order  all  the  names  of  the  candidates  so  certified 
printed  on  the  official  ballot  as  otherwise  provided  in  this  title.  [Id. 
sec.  132.] 

Art.  3134.  County  Conventions;  and  Precinct  Conventions. — 
On  the  first  Saturday  after  primary  election  day  for  1912,  and  each  two 
years  thereafter,  there  shall  be  held  in  each  county  a  county  convention 
of  each  party,  to  be  composed  of  one  delegate  from  each  precinct  in  such 
county  for  each  twenty-five  votes,  or  a  major  fraction  thereof,  cast  for  the 
party's  candidate  for  Governor  at  the  last  preceding  election,  which  del- 
egates shall  be  elected  by  the  voters  of  each  precinct  on  primary  election 
day,  in  such  manner  as  may  be  prescribed  by  the  county  executive  com- 
mittee at  their  meeting  on  the  second  Monday  in  June,  which  conven- 
tion shall  elect  one  delegate  to  the  State  and  several  district  conven- 
tions for  each  three  hundred  votes,  or  a  major  fraction  thereof,  cast 


50  Election  Laws  of  Texas. 

for  the  party's  candidate  for  Governor  in  such  county  at  the  last  preced- 
ing general  election ;  and  the  delegates  to  the  said  conventions  so  elected, 
or  such  of  them  as  may  attend  the  said  conventions,  shall  cast  the  vote 
of  the  county  in  such  conventions.  Immediately  upon  the  adjournment 
of  each  such  county  convention,  the  president  thereof  shall  make  out  a 
certified  list  of  the  delegates  to  each  of  said  conventions  chosen  by  such 
county  convention  and  shall  sign  the  same,  the  secretary  of  such  conven- 
tion attesting  his  signature,  and  shall  forward  such  certified  list  by  sealed 
registered  letter  to  the  chairman  of  the  State  and  district  executive 
committees,  who  shall  present  the  same  to  the  respective  committees  at 
its  meeting  prior  to  the "  convention ;  and,  from  such  certified  list,  the 
respective  committees  shall  prepare  a  temporary  r6ll  of  those  selected 
as  delegates  to  such  convention ;  provided,  that  no  proxies  shall  be  allowed 
to,  or  recognized  in,  any  convention  held  by  authority  of  this  title,  where 
a  delegate  from  the  county  is  present  in  the  convention.     [Id.  sec.  115.] 

Art.  3135.  County  Convention  May  Be  Held  at  Time  for  Meet- 
ing OF  Executive  Committee. — Xothing  in  this  chapter  shall  prevent 
the  holding  of  the  county  convention  at  the  time  named  in  Article  3122, 
for  the  meeting  of  the  executive  committee  for  the  purpose  of  counting 
and  declaring  the  result;  but  the  chairman  of  the  executive  committeo 
shall  certify  the  result  as  required  by  this  chapter.     [Id.  sec.  131.] 

Art.  3136.  District  Conventions. — On  the  fourth  Saturday  in 
August  succeeding  each  general  primary,  there  shall  be  held  in  each 
district  within  the  State  in  which  any  candidate  or  candidates  for  any 
district  office  are  to  be  elected  at  the  succeeding  regular  election,  a 
district  convention,  which  shall  be  composed  of  delegates  from  the  county 
S)T  counties  composing  such  district,  selected  in  the  manner  herein 
provided;  notice  of  the  time  and  place  of  holding  such  convention  shall 
be  given  by  the  executive  committee  of  such  district  at  least  ten  days 
prior  to  such  meeting.  Before  such  convention  assembles,  the  executive 
committee  of  such  district  shall  meet  and  elect  one  of  its  number  chair- 
man of  such  committee,  shall  prepare  a  list  of  delegates  from  the  various 
counties  composing  such  district  which  have  been  certified  to  the  district 
committee  by  the  chairmen  of  the  various  county  committees,  shall  tabu- 
late the  vote  cast  in  the  various  counties  for  each  candidate  for  district 
office,  which  has  been  certified  to  such  committee  as  provided  in  this 
chapter,  and  shall  also  prepare  a  statement,  showing  the  number  of 
convention  votes  which  each  county  in  such  district  is  entitled  to  cast 
in  said  convention  upon  the  basis  set  forth  in  Article  3142,  and  shall 
present  such  list  of  delegates,  tabulated  vote  and  convention  vote  to  the 
convention  when  it  assembles.  The  district  convention  shall  then  canvass 
the  returns  of  the  votes  cast  in  all  of  the  counties  of  the  district  for  each 
candidate  as  presented  to  them  by  the  district  committee,  and  shall 
declare  the  person  found  to  have  received  the  largest  number  of  votes 
at  the  primary  in  the  district  for  such  office  the  nominee  of  the  party 
for  such  office;  and  the  chairman  and  secretary  of  the  convention  shall 
forthwith  certify  such  nomination  to  the  Secretary  of  State.  But,  in 
the  event  there  is  only  one  name  on  the  ballot  for  a  district  office  without 
an  opponent,  the  district  chairman  shall,  as  soon  as  practicable  after 
the  primary  election,  certify  that  the  person  on  the  ballot  is  the  nominee 


Election  Laws  of  Texas.  51 

of  the  party  and  that  there  shall  be  no  convention  held  for  the  purpose 
of  declaring  the  result.     [Acts  1905,  S.  S.,  p.  547.     Acts  1907,  p.  329.] 

Art.  3137.     Place  for  State  Convention,  Fixed  How. — At  the 

meeting  of  the  State  executive  committee  held  on  the  second  Monday 
in  June  preceding  each  general  primary  election,  the  said  committee 
shall  decide  upon  and  publish  the  place  where  the  State  convention 
of  the  party  shall  be  held  on  the  second  Tuesday  in  August  thereafter. 
[Acts  1905',  S.  S.,  p.  545,  sec.  109.] 

Art.  3138.  StxVte  Executive  Committee  to  Canvass  Returns  As 
to  Nominations  for  State  Offices;  Statement  of  Vote;  List  of 
Delegates,  Presented  to  Chairman  of  State  Convention.  Etc. — 
On  the  Monday  preceding  the  second  Tuesday  in  August,  1912,  and  every 
two  years  thereafter,  the  State  executive  committee  shall  meet  at  the 
place  selected  for  the  meeting  of  the  State  convention,  and  shall  open 
and  canvass  the  returns  of  the  primary  election  as  to  nominations  for 
State  officers,  as  certified  by  the  various  county  chairmen  to  the  State 
(chairman  for  each  county,  and  shall  prepare  a  tabulated  statement  show- 
ing the  number  of  votes  received  by  each  such  candidate  in  each  county, 
which  statement  shall  be  approved  by  the  State  committee  and  certified 
by  its  chairman.  At  this  meeting  the  State  committee  shall  also  prepare 
a  complete  list  of  the  delegates  elected  to  the  State  convention  from  each 
county,  as  certified  to  the  State  chairman  by  each,  county  chairman. 
The  State  chairman  shall  present  said  tabulated  statement  and  said  list 
of  delegates  to  the  chairman  of  the  State  convention  immediately  after 
its  temporary  organization  on  the  following  day,  for  its  approval  or  dis- 
approval.    [Id.  sec.  119.] 

Art.  3139.  State  Convention  to  Canvass  Vote  for  Candidates 
FOR  State  Offices  and  Declare  Result,  According  to  Plurality 
IN  Primary  ;  Certified  by  Chairman  and  Secretary  of  Convention 
TO  Secretary  of  State. — The  State  convention  shall  canvass  the  vote 
cast  in  the  entire  State  for  each  candidate  for  each  State  office,  as  shown 
by  the  statement  thereof  presented  to  it  by  the  State  committee,  and  shall 
declare  the  candidate  for  each  State  office  who  has  received  the  largest 
number  of  votes  in  the  primary  election  for  such  State  office  the  nom- 
inee of  the  party  for  such  office ;  and  the  chairman  and  secretary  of  the 
State  convention  shall  forthwith  certify  all  such  nominations  to  the 
Secretarv  of  State.  [Acts  1905,  2  S.  S.,  p.  4.  Acts  1905,  S.  S.,  p. 
550.     Acts  1907,  p.  329,  sec.  120.] 

Art.  3140.  State  Convention;  Time  of  Meeting;  Further  Du- 
ties.— All  party  State  conventions  to  announce  a  platform  of  principles 
and  announce  nominations  for  governor  and  State  offices,  shall,  except 
as  otherwise  provided,  meet  at  such  places  as  may  be  determined  by  the 
parties  respectively  on  the  second  Tuesday  in  August,  A.  D.  1912, 
and  every  two  years  thereafter,  and  they  shall  remain  in  session  from 
day  to  day  until  all  nominations  are  announced  and  the  work  of  the 
convention  is  finished.  Provided,  that  said  convention  shall,  among  other 
things,  elect  a  chairman  of  the  executive  committee  and  thirty-one  mem- 
bers thereof,  one  from  each  senatorial  district  of  the  State,  the  members 
of  said  committee  to  be  recommended  by  the  delegates  representing 
the  counties  composing  the  senatorial  districts  respectively,  each  county 


53  Electiox  Laws  of  Texas. 

voting  its  convention  strength,  each  of  whom  shall  hold  said  office  until 
his  successor  is  elected;  and,  in  case  of  a  vacancy,  a  majority  of  the 
members  of  said  committee  shall  fill  the  same  by  electing  some  eligible 
person  thereto.     [Acts  1905,  S.  S.,  p.  549,  sec.  116.] 

Art.  3141.  Every  Certificate  of  Nomination  to  State  What. — 
Every  certificate  of  nomination  made  by  the  president  of  the  State 
convention,  or  by  the  chairman  of  any  executive  committee,  must  state 
when,  where,  by  whom,  and  how  the  nomination  was  made.  [Id.  sec. 
118.]^ 

[Xote. — For  requirement  of  referendum  on  platform  demands  and  of 
submission  of  such  questions,  see  Article  3110.] 

Art.  3142.  Convention  Vote  of  Each  County,  in  State  or  Dis- 
trict Convention. — Each  county  in  the  State  or  district  convention 
shall  be  entitled  to  one  vote  for  each  five  hundred  votes,  or  major  fraction 
thereof,  cast  for  the  candidate  for  Governor  of  the  political  partv  hold- 
ing the  convention,  at  the  last  preceding  primary  election.  In  case,  at 
such  primary  election,  there  were  cast  for  such  candidate  for  Governor 
less  than  five  hundred  votes  in  anv  county,  then  all  such  counties  shall 
have  one  vote.     [Acts  1907,  p.  329,^  sec.  120.] 

Art.  3143.  Mandamus  to  Compel  Performance  of  Duties. — Any 
executive  committee  or  committeeman  or  primary  election  officer,  or 
other  person  herein  charged  with  any  duty  relative  to  the  holding  of  the 
primary  election,  or  the  canvassing,  determination  or  declaration  of  the 
result  thereof,  may  be  compelled  by  mandamus  to  perform  the  same  in 
accordance  with  the  provisions  of  this  title.  [Acts  1905,  S.  S.,  p.  557, 
sec.  142.] 

Art.  3144.  Errors  and  Violations  of  Laav,  Immaterial,  Not  to 
Vitiate  Election^  Etc. — No  immaterial  error  made  by  any  officer  of  a 
primary  election,  or  any  immaterial  violation  of  the  primary  election 
laws  by  an  elector,  shall  vitiate  any  election  held  under  this  title,  nor 
be  the  cause  of  throwing  out  the  vote  of  any  election  precinct.  [Id. 
sec.  137.] 

Art.  3145.  Expenses  of  Candidates,  Statement  of. — "Within  ten 
days  after  a  primary  and  also  after  a  final  election,  all  candidates  for 
office  at  such  election  shall  file  a  written  itemized  statement,  under  oath, 
with  the  county  judge  of  the  county  of  their  residence,  of  all  the  ex- 
penses incurred  during  the  canvass  for  the  office,  and  for  the  nomina- 
tion, including  amounts  paid  to  newspapers,  hotel  and  traveling  expenses, 
and  such  statement  shall  be  sworn  to  and  filed,  whether  the  candidate  was 
elected  or  defeated,  which  shall  at  all  times  be  subject  to  inspection  of  the 
public.     [Id.  sec.  90.] 

Art.  3146.  Expenses  of  Manager  of  Political  Headquarters, 
Etc.,  Statement  of  Required,  Etc. — Every  person  who  manages  any 
political  headquarters  for  any  political  party,  or  for  any  candidate  before 
any  election,  and  every  clerk  or  agent  of  such  manager  for  such  head- 
quarters or  candidate,  and  every  other  person  whomsoever  who  expends 
m,oney,  gives  any  property  or  thing  of  value,  or  promises  to  use  influence, 
or  give  a  future  reward  to  promote  or  defeat  the  election  of  any  candidate, 


Election  Laws  of  Texas.  "  53 

or  to  promote  or  defeat  tlie  success  of  any  political  party  at  any  election, 
shall,  within  ten  days  after  such  election,  file  with  the.  county  judge 
of  the  county  in  which  the  political  headquarters  was  located,  and  with 
the  county  judge  of  the  county  where  such  manager,  clerk,  or  other  per- 
son, as  the  case  may  be,  reside,  an  itemized  statement  of  all  moneys  or 
things  of  value  thus  given  or  promised,  for  what  purpose,  by  whom 
supplied,  in  what  amount  and  how  expended,  and  what  reward  was 
given  or  promised,  by  whom  and  to  whom,  and  what  influence  was 
promised,  by  whom  promised  and  to  whom  said  promise  was  given.  He 
shall  also  state  whether  he  had  been  informed,  or  has  reason  to  believe, 
that  the  person  thus  aiding  or  attempting  to  defeat  a  party  or  candidate 
^vas  an  officer,  stockholder,  agent  or  employe  of,  or  was  acting  for  or  in 
the  interest  of,  any  corporation,  giving  his  name,  and,  if  so,  of  what  cor- 
poration ;  and  he  shall  if  he  has  no  positive  knowledge,  state  the  source 
of  his  information  or  the  reasons  for  his  belief,  as  the  case  may  be; 
all  of  which  shall  be  sworn  to  and  subscribed  before  the  county  judge, 
who  shall  file  and  preserve  the  same,  which  shall  at  all  times  be  subject  to 
inspection  of  the  public.     [Id.  sec.  89.] 

Art.  3147.  Contests  of  Pkimaey  Elections^  Decided  by  Execu- 
tive Committees  or  District  Court. — In  all  contests  for  a  primary 
election  or  nomination  of  a  convention,  based  on  charges  of  fraud  or 
illegality  in  the  method  of  conducting  the  elections,  or  fraud  or  illegality 
in  selecting  the  delegates  to  the  convention,  or  in  certifying  to  the  con- 
vention, or  in  nominating  candidates  in  State,  district,  county,  precinct 
or  municipal  conventions,  or  in  issuing  certificates  of  nominations  from 
such  conventions,  the  same  shall  be  decided  by  the  executive  committee  of 
the  State,  district,  or  county,  as  the  nature  of  the  office  may  require,  each 
executive  committee  having  control,  in  its  own  jurisdiction,  or  by  the 
district  court,  or  judge  of  said  court  in  vacation,  of  the  district  where 
the  contestee  resides,  said  executive  committee  and  the  district  courts 
having  concurrent  jurisdiction.     [Acts  1909,  2  S.  S.,  p.  452,  sec.  141.] 

Art.  3148.  Place  for  Hearing  Contests  of  PrimxVry  Elections 
BY  CoMMiTTEE.^In  all  coutcsts  between  candidates  for  State  office,  the 
committee  shall  hold  its  hearing  in  the  city  of  Austin,  Travis  county, 
unless  some  other  place  is  agreed  upon  by  the  parties;  and  in  all  con- 
tests between  candidates  for  any  district,  county,  municipal  or  precinct 
office,  the  committee  may  hold  its  hearing,  at  its  election,  either  in  the 
county  of  the  residence  of  the  contestee  or  in  any  county  where  the  fraud 
or  illegality  complained  of  is  alleged  to  have  occurred,  or  at  such  other 
place  as  the  parties  may  agree  upon.     [Id.  sec.  141.] 

Art.  3149.  Contest  Before  Executive  Committee;  Procedure, 
Etc. — The  complaining  candidate,  if  he  desires  to  file  a  contest  with 
the  executive  committee,  shall,  within  five  days  after  the  result  has  been 
declared  by  the  committee  or  convention,  cause  a  notice  to  be  served  on 
the  chairman  or  some  member  of  the  executive  committee,  in  which 
he  shall  state  specifically  the  ground  of  his  contest;  also  shall  serve,  or 
cause  to  be  served,  on  the  opposing  candidate  a  copy  of  such  notice,  at 
least  five  days  prior  to  the  date  set  for  hearing  by  the  committee.  If 
special  charges  of  fraud  or  illegality  in  the  conduct  of  the  election,  or  in 
the  manner  of  holding  the  convention,  or  in  the  manner  of  making  nom- 


54  Election  Laws  of  Texas. 

inations,  are  made,  and  not  otherwise,  the  chairman,  or,  in  case  he  fails 
or  refuses,  any  member  of  the  committee,  shall  within  twenty  days  after 
the  primary  election,  or  the  convention,  convene  the  executive  committee, 
who  shall  then  examine  the  charges,  hear  evidence  and  decide  in  favor 
of  the  party  who  in  their  opinion  was  nominated  in  the  primary  election 
or  in  the  convention :  provided,  that,  before  any  advantage  can^  be  taken 
of  the  disregard  or  violation  of  any  directory  provision  of  the  law,  it  must 
appear  that,  but  for  such  disregard  or  violation,  the  result  would  have 
been  different.     [Id.  sec.  141.] 

Art.  3150.  Ballot  Boxes  May  Be  Opened  by  Committee,  When. 
— The  executive  committee  may,  if  in  its  opinion  the  ends  of  justice 
require  it,  unlock  and  unseal  the  ballot  boxes  used  in  the  precinct  where 
fraud  or  illegality  is  charged  to  have  been  used,  and  examine  their  con- 
tents, after  which  they  shall  be  sealed  and  delivered  to  the  county  clerk. 
[Id.  sec.  141.] 

Art.  3151.  Certificate  and  Printing  Name  on  Ballot,  on  De- 
cision BY  Committee,  Unless  Appeal. — When  the  committee  has  de- 
cided the  contest,  unless  notice  of  appeal  to  the  district  court  is  given, 
the  executive  chairman  shall  certify  its  findings  to  the  officers  charged 
with  the  duty  of  providing  the  official  ballot ;  and  the  name  of  the  candi- 
date in  w^hose  favor  the  executive  committee  shall  find  shall  be  printed 
on  the  official  ballot  for  the  general  election.     [Id.  sec.  141.] 

Art.  3152.  Same,  Where  Such  Appeal  Xot  Perfected. — In  case 
such  appeal  is  not  perfected  in  the  manner  and  time  as  herein  provided, 
the  chairman  of  the  executive  committee  trying  such  contest  shall  certify 
the  name  of  the  party  held  by  the  executive  committee  to  have  been  nom- 
inated to  the  proper  office,  to  be  placed  on  the  official  ballot.  [Id.  sec. 
141.] 

Art.  3153.  Appeal  From  Executive  Committee  to  District 
Court;  Procedure. — Where  contests  are  originally  filed  wdth  the  exec- 
utive committee,  either  party  shall  have  the  right  to  appeal  from  the  final 
decision  of  the  executive  committee  to  the  district  court  having  jurisdic- 
tion; and  said  contest  shall  there  be  tried  de  novo  by  said  court.  The 
party  taking  such  appeal  shall,  within  three  days  from  final  decision 
of  the  executive  committee,  file  written  notice' of  such  appeal  with  the 
chairman  or  secretary  of  such  executive  committee.  Upon  the  filing  of 
such  notice  of  appeal,  the  secretary  of  said  executive  committee  shall 
prepare  a  certificate  showing  that  such  contest  had  been  tried  and  de- 
termined by  such  executive  committee,  the  decision  of  such  committee, 
and  that  notice  of  appeal  had  been  given,  and  shall  file  same,  together 
with  all  papers  filed  in  such  contest,  in  the  district  court,  or  with  the 
district  judge,  in  vacation,  of  the  district  having  jurisdiction  of  such 
appeal,  within  ten  days  after  the  decision  of  the  executive  committee  is 
rendered;  and  the  filing  of  such  certificate  and  papers  in  said  court, 
or  with  said  judge  in  vacation,  shall  be  held  to  perfect  such  appeal. 
And  if  for  any  cause  the  secretary  of  said  executive  committee  shall  fail 
or  refuse  to  file  said  certificate  and  other  papers  pertaining  to  such 
appeal,  in  the  district  court  of  such  district,  or  with  the  judge  of  said 
district,  within  ten  days  after  such  decision  has  been  rendered  by  said 
committee,  then  in  such  event  the  contestant  may  prepare  a  brief  state- 


Election  Laws  of  Texas.  55 

ment  of  the  action  of  said  committee  in  such  contest,  and  perfect  his 
appeal  by  filing  same  with  said  district  court,  or  with  the  judge  of  said 
district,  within  fifteen  days  after  such  decision  by  the  executive  com- 
mittee.    [Id.  sec.  141.] 

Art.  3154.  Eeview  of  Certificates  of  Nomination  by  District 
Court;  Procedure. — In  State,  district,  county,  precinct  or  municipal 
offices,  the  certificate  of  nomination  issued  by  the  president  or  chairman 
of  the  nominating  convention,  or  chairman  of.  the  county  executive  com- 
mittee, shall  be  subject  to  review,  upon  allegations  of  fraud  or  illegality, 
by  the  district  court  of  the  county  in  which  the  contestee  resides,  or 
the  judge  of  said  court  in  vacation;  provided,  that  such  allegations  are 
filed  in  said  court  within  ten  days  after  the  issuance  of  said  certificate; 
and  when  said  allegations  are  so  filed,  or  the  appeal  from  the  decision 
of  the  executive  committee  is  perfected,  the  judge  of  the  district  court 
shall  set  same  down  for  hearing,  either  in  term  time  or  vacation,  at  the 
earliest  practical  time;  and  a  copy  of  said  grounds  of  contest,  together 
with  the  notice  of  the  date  set  for  said  hearing,  shall  be  prepared  and 
issued  by  the  clerk  of  the  district  court  and  be  served  upon  the  contestee 
five  days  before  the  hearing  before  said, court  or  judge,  and  the  parties 
to  said  contest  shall  have  the  right  to  summon  witnesses.     [Id.  sec.  141.] 

Art.  3155.  Ballot  Boxes  May  Be  Opened  by  Court,  When;  Dis- 
position OF. — The  court  or  judge  may,  if  in  his  opinion  the  ends  of 
justice  require  it,  unlock  and  unseal  the  ballot  boxes  used  in  the  precinct 
where  fraud  or  illegality  is  charged  to  have  been  used,  and  examine  their 
contents,  after  which  they  shall  be  sealed  and  delivered  to  the  county 
clerk.     [Id.  sec.  141.] 

Art.  3156.  Judgment  of  Court  Final  in  What  Cases. — The  said 
court  or  judge  shall  determine  said  contest;  and  the  decision  of  said 
court  or  judge  shall  be  final  as  to  all  district,  county,  precinct,  or  mu- 
nicipal offices.     [Id.  sec.  141.] 

Art.  3157.  Certifying  Judgment,  and  Printing  Names  on  Bal- 
lot.— A  certified  copy  of  the  judgment  of  said  court  or  judge  shall  be 
transmitted  by  the  clerk  thereof  to  the  officers  charged  with  the  duty  of 
providing  the  official  ballot,  and  the  name  of  the  candidate  in  whose 
favor  said  judgment  shall  be  rendered  shall  be  printed  in  the  official 
ballot  for  the  general  election.     [Id.  sec.  141.] 

Art.  3158.  Appeal  to  Court  of  Civil  Appeals  in  What  Cases; 
Advanced. — In  all  contests  for.  State  officers  before  the  district  court, 
exercising  either  its  original  or  appellate  jurisdiction,  either  party  may 
appeal  to  the  Court  of  Civil  Appeals,  and  such  appeal  shall  be  advanced 
on  the  docket  of  said  appellate  court  and  have  precedence  of  all  other 
cases.     [Id.  sec.  141.] 

2.     nominations  by  parties  of  ten  thousand  and  less  than  one 
hundred  thousand  votes. 

Art.  3159.  May  Nominate,  How. — Each  political  party,  whose  nom- 
inee for  Governor  in  the  last  preceding  general  election  received  as  many 
as  ten  thousand  and  less  than  one  hundred  thousand  votes,  may  nominate 


56  Electiox  Laws  of  Texas. 

candidates  for  State,  district  and  county  offices  under  the  provisions  of 
this  law  by  primary  election,  and  they  may  nominate  candidates  for 
State  offices  at  a  State  convention,  which  shall  be  held  the  second 
Tuesday  in  August,  and  which  shall  be  composed  of  delegates  elected  in 
the  various  counties  and  county  conventions  held  on  the  first  Saturday 
after  primary  election  day,  which  shall  be  composed  of  delegates  from  the 
general  election  precinct  in  such  counties  elected  therein  at  primary 
conventions,  held  in  such  precincts  on  the  fourth  Saturday  in  Julv. 
[Acts  1905,  S.  S.,  p.  542,  sec.  99.] 

Art.  3160.  XoMiXATioxs  of  Such  Parties,  State  Committee  to 
Determine  Mode, — The  State  committee  of  all  such  parties  shall  meet 
at  some  place  in  the  State  to  be  designated  by  the  chairman  thereof  on 
the  second  Tuesday  in  Ma}^  and  shall  decide,  and  by  resolution  declare, 
whether  they  will  nominate  State,  district  and  county  officers  by  con- 
vention or  by  primary  elections,  and  shall  certify  their  decision  to  the 
Secretary  of  State..     [Id.  sec.  99.] 

Art.  3161.  I^OMix^ATiONs  of  Such  Parties  for  District  Offices. 
• — N'ominations  for  district  offices  made  by  such  parties  shall  be  made  by 
conventions  held  on  the  same  days  as  herein  prescribed  for  district  con- 
ventions of  other  parties,  composed  of  delegates  elected  thereto  at  county 
conventions  held  on  the  same  day  herein  prescribed  for  such  county  con- 
ventions of  other  parties,  all  of  which  county  conventions  shall  nominate 
candidates  for  county  offices  of  such  party  of  such  county.     [Id.  sec.  99.] 

Art.  3162.  Xomixatiox^s  of  Such  Parties  to  Be  Certified  by 
Whom. — All  nominations  so  made  by  a  State  or  district  convention 
shall  be  certified  by  the  chairman  of  the  State  or  district  committee  of 
such  party  to  the  Secretary  of  State,  and  a  nomination  made  by  a  county 
-convention,  by  the  chairman  of  the  county  committee.     [Id.  sec.  99.] 

Art.  3163.  Poll  Tax  Eequiremex^t  ix  Such  Primary  Coxvextiox. 
— Xo  person  shall  be  allowed  to  vote  or  participate  in  any  such  primary 
convention,  unless  he  shall  have  first  produced  evidence  that  he  has  paid 
Lis  poll  tax  or  is  exempt ;  and  no  person  shall  ])e  allowed  to  participate 
in  any  such  convention  who  has  participated  in  the  convention  or  primary 
of  any  other  party  held  on  the  same  day.     [Id.  sec.  99.] 

3.      XOX-PARTISAX    AX"D    IX'DEPEXDEXT    caxdidates. 

Art.  3164.  [NTox-Partisax  axd  Ixdepexdext  Caxdidates'  Names 
Placed  on  Ballot  How. — The  name  of  a  non-partisan  or  independent 
candidate  may  be  printed  on  the  official  ballot  in  the  column  for  inde- 
pendent candidates,  after  a  written  application  signed  by  qualified  voters 
addressed  to  the  Secretar^^  of  State  and  delivered  to  him  within  thirty 
days  after  primary  election  day  as  follows :  If  for  a  State  office  to  be 
voted  for  throughout  the  State,  one  per  cent  of  the  entire  vote  of  the 
State  cast  at  the  last  preceding  general  election;  if  for  a  congressional, 
supreme  judicial,  senatorial,  representative,  flotorial  or  judicial  district 
office,  three  per  cent  of  the  entire  vote  cast  in  any  such  district  at  the 
last  preceding  general  election;  provided,  that  the  number  of  signatures 
need  not  exceed  five  hundred  for  any  congressional,  senatorial  or  judicial 


Election  Laws  of  Texas.  57 

office,  nor  for  any  other  office  that  is  not  filled  bv  all  the  voters  of  the 
State.     [Id.  sec.  94.] 

Art.  3165.  Same  Subject. — No  application  to  the  Secretary  of 
State  shall  contain  the  name  of  more  than  one  candidate,  and  no  citizen 
shall  sign  such  application,  unless  he  has  paid  his  poll  tax  or  received- 
his  certificate  of  exemption;  provided,  that,  if  the  office  is  one  to  which 
two  or  more  persons  are  to  be  elected,  his  application  may  be  for  as  many 
candidates  as  there  are  persons  to  be  elected  to  that  office;  and  provided, 
also,  that  no  person  who  has  voted  at  a  primary  election  shall  sign  an 
application  in  favor  of  any  one  for  an  office  for  which  a  nomination 
was  made  at  such  primary  election.     [Id.  sec.  95.] 

Art.  3166.  Same  Subject. — To  every  citizen  who  signs  such  applica- 
tion, sliall  be  administered  the  following  oath,  which  shall  be  reduced  to 
writing  and  attached  to  such  application,  viz :  "I  know  the  contents  of 
the  foregoing  application ;  I  have  participated  in  no  primary  election 
which  has  nominated  a  candidate  for  the  office  for  which  I  desire  (here 
insert  the  name)  to  be  a  candidate;  I  am  a  qualified  voter  at  the  next 
general  -election  under  the  constitution  and  laws  in  force,  and  have 
signed  the  above  application  of  my  own  free  will."  One  certificate  of 
the  officer  before  whom  the  oath  is  taken  may  be  so  made  as  to  apply  to 
all  to  whom  it  was  administered.     [Id.  sec.  96.] 

Art.  3167.  Same  Subject. — The  Secretary  of  State  shall,  on  the 
receipt  of  the  application  which  conforms  to  the  above  requirements, 
issue  his  instruction  to  the  county  clerks  of  this  State,  or  of  the  district, 
as  the  case  may  require,  directing  that  the  name  of  the  citizen,  in  whose 
favor  the  application  is  made,  shall  be  printed  on  the  official  ballot  in 
the  independent  column  under  the  title  of  the  office  for  which  he  is  a 
candidate;  provided,  that  the  citizen,  in  whose  favor  the  application  is 
made,  shall  first  file  his  written  consent  with  the  Secretary  of  State 
to  become  a  candidate,  within  thirty  days  after  primary  election  day. 
[Id.  sec.  97.] 

Art.  3168.  Same  Subject,  in  County,  City  or  Town  Elections. 
• — Independent  candidates  for  office  at  a  county,  city  or  town  election  may 
have  their  names  printed  upon  the  official  ballot  on  application  to  the 
county  judge,  if  for  a  county  office,  or  to  the  mayor,  if  for  a  city  or 
town  office,  such  application  being  in  the  same  form  and  subject  to  the 
same  requirements  herein  prescribed  for  applications  to  be  made  to  the 
Secretary  of  State  in  case  of  State  or  district  independent  nomination ; 
provided,  that  a  petition  of  five  per  cent  of  the  entire  vote  cast  in  such 
county,  city  or  town  at  the  last  general  election  shall  be  required  for 
such  nomination.     [Id.  sec.  98.] 

4.      LOCAL   nominations   OF    PARTIES   HAVING   NO   STATE   ORGANIZATION. 

Art.  3169.  Nominations,  Local^  of  Parties  Having  No  State 
Organization. — Any  political  party,  not  having  a  State  organization, 
but  desiring  to  nominate  candidates  for  county  and  precinct  offices  only, 
may  nominate  such  candidates  therefor  under  the  provisions  of  this 
title,  by  primary  elections  or  by  a  county  convention  held  on  the  legal 
primary  election  day,  as  herein  defined,  which  county  convention  shall  be 


58  Election  Laws  or  Texas. 

composed  of  delegates  from  various  election  precincts  in  said  county, 
elected  therein  at  primary  conventions  held  in  such  precincts  between 
the  hours  of  eight  a.  m.  and  ten  p.  m.  of  the  preceding  Saturday.  All 
nominations  made  by  any  such  parties  shall  be  certified  to  the  county 
•  clerk  by  the  chairman  of  the  county  committee  of  such  party,  and,  after 
taking  the  same  course  as  nominations  of  other  parties  certified  to  the 
clerk,  shall  be  printed  on  the  official  ballot  in  a  separate  column,  headed 
by  the  name  of  the  party;  provided,  a  written  application  for  such 
printing  shall  have  been  made  to  the  county  judge,  signed  and  sworn  to 
by  three  per  cent  of  the  entire  vote  cast  in  such  county  at  the  last 
general  election.     [Id.  sec.  100.] 

5.       PARTY   NOMIlSrATIONS   FOR   CITY   AND   TOWN   ELECTIONS. 

Art.  3170.  Cities  and  Towns,  Elections,  Xominations  for.  How 
Made;  Executive  Committee. — Each  and  every  incorporated  city  or 
town  in  the  State  of  Texas,  whether  incorporated  under  the  General  or 
Special  Laws,  may  make  nominations  for  office  in  the  following  manner : 
In  each  of  said  cities  and  towns  there  shall  be  an  executive  committee 
for  each  political  party,  consisting  of  a  city  chairman  and  one  mem- 
ber for  each  ward  in  such  city  or  town,  and  in  case  such  city  or  town 
is  not  divided  into  wards,  for  either  political  or  election  purposes,  then 
there  shall  be  selected  four  members  of  said  committee,  in  addition  to  the 
city  chairman.  If  any  city  or  town  shall  be  divided  into  wards,  for  either 
political  or  election  purposes,  or  both,  then  such  party  executive  com- 
mittee shall  consist  of  one  member  from  each  ward  and  a  city  chairman 
of  such  executive  committee.  Provided,  however,  that  no  city  or  town 
in  this  State  shall  have  a  smaller  number  than  four  executive  commit- 
teemen and  a  chairman  of  such  executive  committee.  In  all  cities  and 
towns  which  now  have  no  executive  committee,  the  county  chairman  of 
the  party  desiring  to  make  nominations  in  such  cities  and  towns  shall 
appoint  an  executive  committee  to  serve  until  the  next  city  election 
shall  be  held,  and  in  each  city  and  town  in  this  State  in  which  a  political 
party  may  desire  to  make  nominations,  there  shall  be  held,  at  least  thirty 
days  prior  to  the  regular  city  election,  an  election  at  which  there  may  be 
nominated  by  such  political  party,  officers  to  be  elected  at  the  next  city 
election,  and  at  which  election  there  shall  be  selected  the  executive  com- 
mittee for  such  party  in  said  city  and  town  herein  provided  for,  and  in 
all  such  city  primary  elections,  the  provisions  of  the  law  relating  to  pri- 
mary elections  and  general  elections  shall  be  observed.  [Acts  1911,  p. 
18.T 

Art.  3171.  Executive  Committee,  in  Cities  and  Towns,  Powers  of. 
— The  executive  committee  herein  provided  for  may  decide  whether  or  not 
nominations  shall  be  made  by  such  political  party  in  such  city  or  town ; 
provided,  that  upon  petition  being  made  to  said  city  or  county  chairman, 
signed  by  twenty-five  per  cent  of  the  voters  of  the  party  in  such  city,  as 
shown  by  the  last  general  State  election,  requesting  that  party  nominations 
be  made  for  city  officers,  then  said  city  executive  committee,  through  an 
order  of  its  chairman,  shall  order  a  primary  election  or  mass  convention 
of  the  qualified  voters  of  the  party,  as  may  be  petitioned  for  by  the 
voters  presenting  said  petition,  and  it  shall  thereupon  be  the  duty  of  said 
city  .executive  committee  to  grant  such  request  as  shall  be  contained 


Election  Laws  of  Texas.  59 

in  such  petition,  and  such  primary  election  or  mass  convention  shall 
be  ordered,  and  it  shall  be  mandatory  upon  such  city  or  county  chairman 
to  order  such  election  or  mass  convention  to  be  held  within  ten  days 
from  the  time  such  petition  is  presented.  At  such  primary  election  or 
mass  convention  a  new  executive  committee  shall  be  selected  to  ser.ve 
during  the  ensuing  term;  provided  that  this  act  shall  not  be  construed 
so  as  to  prevent  independent  candidates  for  city  offices  from  having  their 
names  upon  the  official  ballot,  as  provided  for  in  Section  99  of  this  act. 
Provided,  further,  that  this  act  shall  not  repeal  the  provisions  of  any 
charter  heretofore  or  hereafter  specially  granted  to  any  city  in  this 
State.     [Acts  1911,  p.  19.] 

6.      MISCELLANEOUS  PROVISIONS. 

Art.  3172.  Nomination  Declined^  How;  Vacancy  How  Filled, 
Etc.;  Posters  Used  When,.  Etc. — A  nominee  may  decline  and  annul 
his  nomination  by  delivering  to  the  officer  with  whom  the  certificate  of 
his  nomination  is  filed,  ten  days  before  the  election,  if  it  be  for  a  city 
office,  twenty  days  in  other  cases,  a  declaration  in  writing,  signed  by  him 
before  some  officer  authorized  to  take  acknowledgments.  Upon  such  dec- 
lination (or  in  case  of  death  of  a  nominee),  the  executive  committee  of 
a  party,  or  a  majority  of  them  for  the  State,  district  or  county,  as  the 
office  to  be  nominated  may  require,  may  nominate  a  candidate  to  supply 
the  vacancy  by  filing  Avith  the  Secretary  of  State  in  the  case  of  State 
or  district  officers,  or  with  the  county  judge  in  the  case  of  county  or 
precinct  officers,  a  certificate  duly  signed  and  acknowledged  by  them, 
setting  forth  the  cause  of  the  vacancy,  the  name  of  the  new  nominee,  the 
office  for  which  he  was  nominated,  and  when  and  how  he  was  nominated 
[Id.  sec.  50.] 

Art.  3173.  No  Executive  Committee  to  Nominate,  Except. — No 
executive  committee  shall  ever  have  any  power  of  nomination,  except 
where .  a  nominee  has  died  or  declined  the  nomination  as  provided  in 
Article  3172.     [Id.  sec.  118.] 

Art.  3174.  Parties,  New,  Etc.,  Name  of,  Eegulated. — No  new 
political  party  shall  assume  the  name  of  any  pre-existing  party;  and  the 
party  name  printed  on  the  official  ballot  shall  not  consist  of  more  than 
three  words.     [Id.  sec.  101.] 

NATIONAL  CONVENTION,  STATE  CONVENTION  TO  SELECT 

DELEGATES  TO.    ^ 

Article  3175.  National  Convi^ntion,  State  Convention  to  Se- 
lect Delegates  to. — Any  political  party,  desiring  to  elect  delegates 
to  a  national  convention,  shall  hold  a  State  convention  at  such  place  as 
may  be  designated  by  the  State  executive  committee  of  said  party,  on 
fhe  fourth  Tuesday  of  May,  1912,  and  every  four  years  thereafter. 
Said  convention  shall  be  composed  of  delegates  duly  elected  by  the  voters 
of  said  political  party  in  the  several  counties  of  the  State  at  primary 
conventions  to  be  held  on  the  first  Saturday  in  May,  1912,  and  every 
four  years  thereafter.  Said  primary  conventions  shall  be  held  between 
the  hours  of  ten  o'clock  a.  m.  and  eight  o'clock  p.  m.   These  primary  con- 


60  Electiox  Laws  of  Texas. 

ventions  shall  elect  delegates  to  the  county  convention  of  the  several 
counties,  which  shall  be  held  on  the  first  Tuesday  after  the  first  Saturday 
in  May,  1912,  and  every  four  years  thereafter.  The  qualified  voters  of 
each  voting  precinct  of  the  county  shall  assemble  on  the  date  named, 
and  shall  be  presided  over  by  a  chairman  who  shall  have  been  previously 
appointed  by  the  county  executive  committee  of  the  party,  and  shall 
be  a  qualified  voter  in  said  election  precinct;  and  said  convention  may 
elect  from  among  their  number  a  secretary  and  such  other  officers  as 
may  be  necessary  to  conduct  the  business  of  the  convention.  The  chair- 
man of  said  convention  shall  possess  all  the  power  and  authority  that 
is  given  to  election  judges  under  the  provisions  of  this  title.  Before 
transacting  any  business,  the  chairman  shall  make,  or  cause  to  be  made, 
a  list  of  all  qualified  voters  present;  and  the  name  of  no  person  shall 
be  entered  upon  said  list,  nor  shall  he  be  permitted  to  vote  or  to  partic- 
ipate in  the  business  of  such  convention,  until  it  is  made  to  appear  that 
he  is  a  qualified  voter  in  said  precinct,  from  a  certified  list  of  qualified 
voters,  the  same  as  is  required  in  conducting  a  general  election.  After 
the  convention  is  organized  as  above  provided,  it  shall  elect  its  delegates 
to  the  county  convention  and  transact  such  other  business  as  may  prop- 
erly come  before  it.  The  officers  of  said  convention  shall  keep  a  Avritten 
record  of  its  proceedings,  including  a  list  of  the  delegates  elected  to  the 
county  convention,  which  record  shall  constitute  the  returns  from  said 
convention.  The  same  shall  be  signed  officially,  sealed  up  and  safely 
transmitted  b}^  the  officers  thereof  to  the  chairman  of  the  county  executive 
committee  of  the  part}',  and  to  be  used  by  the  executive  committee  in 
making  up  a  roll  of  the  delegates  to  the  countv  convention.  [Acts  1905, 
S.  S.,  p.  555,  sec.  139.] 

ELECTOES  OF  PRESIDENT  AND  VICE-PEESIDENT. 

Article  3176.  [1811]  [1760]  Time  of  Election  of  Electors 
AND  Who  Are  Qualified  to  Be  Electors  and  to  Vote  for  Electors. 
— On  the  Tuesday  next  after  the  first  Monday  in  November,  A.  D.  1912, 
and  on  the  first  Tuesday  next  after  the  first  Monday  in  November  every 
four  years  thereafter,  the  qualified  voters  for  members  of  the  House  of 
Eepresentatives  of  the  State  legislature  shall  elect  from  among  the  resi- 
dent citizens,  over  twenty-one  years  of  age,  and  not  members  of  either 
house  of  Congress  of  the  United  States,  as  many  electors  of  President 
and  Vice-President  of  the  United  States  as  the  State  of  Texas  may  at 
the  time  be  entitled  to  elect.     [Act  March  15,  1848.     P.  D.  3644.] 

Art.  3177.  [1812]  [1761]  Mode,  Places,  Etc.,  of  Election  for 
Electors. — Such  election  shall  be  held  in  the  same  manner,  at  the 
same  places,  under  the  same  regulations,  and  by  officers  and  managers 
appointed  in  the  same  way  as  elections  for  members  of  the  House  of 
Eepresentatives  of  this  State  may  be;  except  that  such  qualified  voter 
shal]  be  authorized  to  vote  for  the  whole  number  of  electors  that  the  State 
will  then  be  empowered  to  elect.     [Id.    P.  D.  3645.] 

Art.  3178.  [1813]  [1762]  Eeturns  of  Election  by  Precinct 
Officers. — The  officers  conducting  said  elections,  or  the  managers  there- 
of at  each  precinct,  shall,  within  three  days  after  holding  said  election, 


Election  Laws  of  Texas.  61 

add  up  and  compare  the  number  of  votes  given  for  each  person  there 
voted  for  as  an  elector,  and  shall  make  out  in  writing,  seal  up,  certify 
and  transmit  the  result  of  said  election  to  the  county  judge  or. other 
proper  officer  of  their  county,  in  the  same  manner  prescribed  by  the  laws 
regulating  elections  for  members  of  the  State  Legislature.  [Id.  P.  D. 
3646.] 

Art.  3179.  Returns  of  Elections  by  Counties. — On  the  Monday 
next  following  the  day  of  election,  or  as  soon  thereafter  as  the  commis- 
sioners court  shall  have  opened  the  election  returns,  and  estimated  the 
result,  in  accordance  with  Article  3030,  the  county  judge  shall  make 
duplicate  returns  of  the  election,  one  of  which  he  shall  immediately  trans- 
mit to  the  seat  of  government  in  this  State,  sealed  in  an  envelope,  di- 
rected to  the  Secretary  of  State,  and  endorsed  "Election  Returns  for. 

County   for   Presidential   Electors,"    [filling  the 

blank  with  the  name  of  the  county]  and  the  other  of  such  returns  shall 
be  deposited  in  the  office  of  tlie  clerk  of  the  county  court  of  the  county 
where  such  election  was  held.     [Id.     P.  D.  3647.] 

Art.  3180.  .  [1815]  •  Secretary  of  State  Shall  Count  Returns 
When,  Etc. — It  shall  be  the  duty  of  the  Secretary  of  State,  in  the 
presence  of  the  Governor  and  Attorney  General,  or  either  of  them,  on 
the  fourth  Monday  in  November  next  after  said  election,  to  open  all 
the  election  returns  received  by  him,  and  correctly  add  up  all  the  votes 
cast  in  the  several  counties  for  each  of  the  said  electors,  and  cause  the 
result  thereof,  with  the  names  of  the  persons  elected,  to  be  forthwith 
published  in  some  newspaper  printed  at  the  seat  of  government,  and 
shall  issue  certificates  of  election  to  the  person  so  elected.  [Id.  P.  D. 
3648.] 

Art.  3181.  [1851a]  Contests;  Filed  When;  How  Tried.— Any 
person  or  persons  intending  to  contest  the  election  of  any  or  all  of  the 
persons  declared  elected,  as  provided  in  Article  3180,  as  electors  of  Presi- 
dent and  Vice-President,  shall,  within  fifteen  days  from  the  said  fourth 
Monday  in  November,  file  with  the  Secretary  of  State  a  written  statement 
of  the  ground  on  which  such  contestant  relies  to  sustain  such  contest, 
and  shall,  within  such  time,  notify  the  contestee  thereof  in  writing, 
and  deliver  to  him,  his  agent  or  attorney,  a  copy  of  said  .statement. 
The  contestee  shall,  within  ten  days  after  receiving  such  notice,  file  with 
the  Secretary  of  State  his  reply  thereto  in  writing.  The  contest  shall, 
as  soon  thereafter  as  possible,  be  tried  and  determined  by  the  State 
Board  of  Canvassers,  consisting  of  the  Governor,  Attorney  General  and 
Secretary  of  State,  or  any  two  of  them;  and  their  decision  shall  be  ren- 
dered at  least  six  days  before  the  time  fixed  by  law  for  the  meeting  of 
the  electors.  Such  decision,  in  which  two  at  least  of  such  board  shall 
join,  shall  be  final,  and  certificates  of  election,  in  accordance  therewith, 
shall  at  once  be  issued  by  the  Secretary  of  State  to  the  proper  parties. 
Where  not  otherwise  herein  provided,  the  provisions  of  Chapter  8  of 
Title  49,  relating  to  contests  for  the  validity  of  an  election  for  members 
of  the  Legislature,  shall  apply  to  such  contests  for  presidential  electors. 
[Id.] 

Art.  3182.  [1816-1817]  [1765-1766]  Electors  Shall  CoNVB^'E, 
When  and  Where. — The  electors  so  chosen  shall  convene  in  the  capitol 


62  Election  Laws  of  Texas. 

at  the  seat  of  government  of  the  State,  on  the  second  Monday  in  January 
next  after  their  election,  and  vote  for  President  and  Vice-President  of 
the  United  States,  and  make  returns  thereof  as  is,  or  hereafter  may  be, 
required  by  the  laws  of  the  United  States.  [Acts  1897,  p.  25.  P.  D. 
3649.     U.  S.  Eev.  Stat.,  p.  21.] 

Place  of  Absent  or  Disqualified  Electors.  How  Supplied. — If 
any  person  so  chosen  elector  shall,  by  death  or  other  disabling  cause, 
fail  to  attend  by  the  hour  of  two  o'clock  in  the  afternoon  of  the  day  fixed 
by  law,  and  vote  as  required  by  law,  or  if  any  such  person  shall  be  legally 
disqualified  to  serve  as  elector,  a  majority  of  the  qualified  electors  present, 
after  having  convened,  may  appoint  some  other  person  to  act  as  elector 
in  the  place  of  any  such  absent  or  disqualified  person,  and  shall  imme- 
diately report  their  action  to  the  Secretarv  of  State  aforesaid.  [Id. 
P.  D.  3650.     Acts  1848,  p.  104.] 

Art.  3183.  [1818]  [1767]  Governor  Shall  Cause  List  of  Elec- 
tors TO  Be  Made^  Etc. — The  governor  shall,  on  or  before  the  meeting 
of  the  electors,  cause  three  lists  of  the  names  of  such  electors  to  be  made 
out  and  delivered  to  them,  as  required  by  act  of  tongress-.  [Id.  P.  D. 
3651.] 

Art.  3184.  [1819]  [1768]  Governor  Shall  Issue  Proclama- 
tion, Etc. — It  shall  be  the  duty  of  the  Governor,  or  in  case  of  his  in- 
ability, then  of  the  Lieutenant-Governor,  to  issue  a  proclamation  under 
the  Seal  of  the  State,  and  have  the  same  published  for  at  least  forty  days 
before  an  election  for  electors,  in  some  new^spaper  printed  at  the  seat 
of  government,  requiring  the  county  judge,  or  other  proper  officer  or 
officers,  of  each  county  in  the  State  to  cause  an  election  to  be  held  at  each 
precinct  in  the  county  at  the  time  and  for  the  purpose  prescribed  in 
this  title.     [Id.     P.  D.  3652.] 

Art.  3185.  [1820]  [1769]  Compensation  of  Electors.— Elec- 
tors for  President  and  Vice-President  of  the  United  States  shall  receive 
the  same  pay  for  mileage  in  traveling  to  and  from  the  seat  of  government 
of  the  State,  and  the  same  pay  daily  while  engaged  there  in  the  duties 
required  of  them  by  law,  as  that  allowed  by  law  to  the  members  of  the 
Legislature  of  this  State.     [Act  Dec.  1,  1849.     P.  D.  3653.] 

PROVIDING  FOR  THE  ELECTION  OF  UNITED  STATES  SEN- 
ATORS BY  A  DIRECT  VOTE. 

Section  1.  An  election  for  the  election  of  a  Senator  from  Texas  to 
the  Congress  of  the  United  States  shall  be  held  on  the  first  Tuesday  after 
the  first  Monday  in  November  of  each  and  every  year  immediately  pre- 
ceding the  fourth  day  of  March  when  the  term  of  any  United  States 
Senator  from  the  State  of  Texas  to  the  Congress  of  the  United  States 
is  to  expire.  That  at  such  election  no  person  shall  be  qualified  to  vote 
for  any  candidate  for  United  States  Senator  unless  he  is  a  qualified 
elector  in  any  election  held  to  elect  members  of  the  most  numerous 
branch  of  the  Legislature  of  this  State. 

Sec.  2.  When  any  vacancy  happens  or  occurs  in  the  representation 
of  this  State  in  the  United  States  Senate,  the  Governor  of  this  State  shall 


Election  Laws  of  Texas.  63 

within  ten  days  issue  writs  of  election  to  fill  such  vacancy,  which  electioD 
shall  be  held  not  less  than  sixty  days  nor  more  than  ninety  days  after 
such  vacancy  occurs. 

Provided  if  the  Congress  or  Senate  is  in  session  at  the  time  of  such 
vacancy  or  should  convene  before  such  election  or  before  the  result  of  the 
same  can  be  officially  ascertained  under  the  law,  the  Governor  shall  make 
temporary  appointment  of  a  suitable  and  qualified  person  to  represent  the 
State  in  the  United  States  Senate,  until  the  election  and  qualification 
of  a  senator  can  be  made. 

Sec.  3.  Every  law  regulating  or  in  any  manner  governing  elections 
or  the  holding  of  primaries  in  this  State  shall  be  held  to  apply  to  each 
and  every  election  or  nomination  of  a  candidate  for  a  United  States  Sen- 
ator so  long  as  they  are  not  in  conflict  with  the  Constitution  of  the 
United  States  or  of  any  law  or  statute  enacted  by  the  Congress  of  the 
United  States  regulating  the  election  of  United  States  Senators  or  the 
provisions  of  this  act. 

The  returns  from  any  election  held  for  United  States  Senator  shall 
be  made,  the  result  ascertained  and  declared,  a  certificate  of  election 
issued,  as  is  provided  for  the  election  of  representatives  in  Congress,  by 
Chapter  7,  Title  49,  Eevised  Civil  Statutes  of  1911. 

Sec.  4.  The  name  of  no  candidate  for  United  States  Senator  shall 
be  placed  upon  the  official  ballot  of  any  party  or  of  any  organization  as 
the  nominee  of  said  party  or  organization  for  said  office  unless  said 
candidate  has  been  duly  nominated  and  selected  as  herein  provided. 

Sec.  5.  Each  and  every  party  desiring  to  nominate  a  candidate  for 
United  States  Senator  shall,  if  such  election  is  to  be  held  on  the  first 
Tuesday  after  the  first  Monday  in  November  of  any  year,  nominate  or 
select  such  candidate  or  candidates  for  United  States  Senator  at  a  gen- 
eral primary  election  to  be  held  throughout  the  State  on  the  fourth  Sat- 
urday in  July  next  preceding  such  election  for  United  States  Senator. 

Sec.  6.  At  each  and  every  primary  election  held  in  this  State  for  the 
nomination  of  a  candidate  for  United  States  Senator,  each  and  every 
provision  of  the  laws  of  this  State  which  has  for  its  object  the  protection 
of  the  ballot  and  the  safeguarding  of  the  public  against  fraudulent  vot- 
ing, illegal  methods,  undue  influence,  corrupt  practices,  and  in  fact  each 
and  every  restriction  of  whatever  kind  or  character  or  nature  as  applied 
to  any  election  held  in  this  State  whether  general,  special  or  primary 
shall  be  held  to  apply  to  a  primary  election  held  for  or  when  a  candidate 
for  United  States  Senator  is  to  be  nominated  when  not  in  conflict  with 
the  provisions  of  this  act.  And  the  violation  of  any  such  provisions  or 
restrictions  at  any  such  primary  election  shall  be  punished  in  the  same 
manner  as  prescribed  by  law  for  the  violation  of  any  election  law  whether 
general,  special  or  primary. 

Sec.  7.  Wlien  the  law  with  reference  to  holding  senatorial  primaries 
is  silent  the  election  officers  in  securing  supplies,  in  conducting  the  elec- 
tion and  in  making  returns  and  in  canvassing  the  votes  shall  in  every 
particular  follow  the  methods  provided  by  law  covering  primary  elections 
or  general  elections  held  for  the  purpose  of  electing  or  nominating  State, 
district,  county,  and  precinct  offices. 

Sec.  8.  Any  person  affiliating  with  any  political  party  who  desires 
his  name  to  appear  on  the  general  official  primary  ballot  of  said  party 
as  a  candidate  for  the  nomination  of  such  party  for  United   States 


64  Election  Laws  of  Texas. 

Senator  shall  file  with  the  State  chairman  of  said  party  not  later  than 
the  first  Monday  in  June  preceding  such  general  primary  his  written  re- 
quest that  his  name  shall  be  placed  on  the  official  ballot  of  said  party 
as  a  candidate  at  the  aforesaid  general  primary  for  the  nomination  as  a 
candidate  for  United  States  Senator  before  the  party  with  which  he 
affiliates. 

Sec.  9.  Any  person  who  is  thirty  years  of  age  or  over,  and  who  has 
been  for  nine  years  a  citizen  of  the  United  States  and  is  a  bona  fide 
inhabitant  of  the  State  who  desires  his  name  to  appear  on  the  official 
ballot  at  any  primary  election  as  a  candidate  for  the  nomination  of  said 
party  as  a  candidate  for  United  States  Senator  shall  address  his  appli- 
cation to  the  State  chairman  of  the  party  with  which  he  affiliates  and 
shall  set  forth  in  said  application:  (1)  That  he  is  a  candidate  for  the 
nomination  of  his  party  as  a  candidate  for  United  States  Senator.  (2) 
His  age.  (3)  His  occupation.  (4)  The  county  of  his  residence. 
(5)  His  postoffice  address.  (6)  That  he  is  a  member  in  good  faith 
of  the  political  party  upon  whose  ballot  he  wishes  his.  name  to  appear 
and  that  if  he  voted  at  the  preceding  election  he  voted  for  the  nominees 
of  said  party.  (7)  That  he  will,  during  his  term  of  office,  if  elected, 
endeavor  to  truly  respect  the  wishes  of  his  constituency  and  to  abide 
by  and  support  such  measures  as  may  be  endorsed  by  the  primary  voters 
of  his  party  in  this  State  as  declared  by  their  vote  at  a  primary  election. 

Said  application  to  be  signed  by  the  candidate  and  properly  acknowl- 
edged before  some  person  authorized  to  take  acknowledgments.  And  also 
twenty-five  (25)  qualified  voters  may  likewise  join  in  a  request  that  the 
name  of  any  person  affiliating  with  such  party  be  placed  upon  the  official 
ballot  as  a  candidate  for  United  States  Senator,  giving  the  occupation, 
county  of  residence  and  postoffice  address  of  such  person,  signing  and 
acknowledging  same  as  above  provided,  and  may  file  the  same  with  the 
State  chairman  on  or  prior  to  the  date  above  mentioned  with  the  same 
effect  as  if  such  request  had  been  filed  by  the  party  named  therein  as 
a  candidate  for  such  nomination.  All  petitions  or  requests  filed  by  twen- 
ty-five voters,  as  provided  herein,  shall  be  endorsed  by  the  person,  in 
whose  favor  the  request  is  made,  showing  his  willingness  to  qualify  for 
the  position,  if  elected.  All  requests,  whether  made  by  the  candidate 
or  by  petition,  shall  be  considered  filed  with  the  State  chairman  when 
they  are  sent  from  any  point  within  the  United  States  by  registered  mail, 
on  or  before  the  date  mentioned,  addressed  to  the  State  chairman  at  his 
postoffice  address. 

Sec.  10.  No  person  shall  be  declared  the  nominee  of  any  political 
party  for  United  States  Senator  unless  he  has  complied  with  every  re- 
quirement of  this  act  and  all  other  laws  applicable  hereto  and  has  re- 
ceived a  majority  of  all  the  votes  cast  at  said  primary  election  for  all 
the  candidates  of  that  party  for  United  States  Senator.  If  at  the  first 
primary  election  no  candidate  receives  a  majority  of  the  vote  polled  by 
his  party  for  all  the  candidates  for  United  States  Senator  before  said 
party,  the  State  executive  committee  or  State  chairman  thereof  shall 
call  a  second  primary  election  for  the  purpose  of  determining  the  choice 
of  the  party  as  between  the  two  candidates  receiving  the  largest  number 
of  votes  at  the  first  primary  election.  Said  second  primary  shall  be  held 
on  the  fourth  Saturday  in  August,  immediately  after  the  first  primary 


Election  Laws  of  Texas.  65 

is  held.  At  such  second  primary,  only  the  two  candidates  in  each  party 
receiving  the  highest  votes  shall  be  voted  upon. 

Sec.  11.  ^"0  person  shall  be  entitled  to  a  position  on  the  official 
ballot  at  any  general  or  special  election  held  to  select  a  United  States 
Senator,  who  shall  have  spent  in  the  campaign  preceding  the  nomination, 
more  than  $5000,  or  who  shall  have  failed  or  refused  to  comply  with  any 
provision  of  the  law  regulating  the  collection  and  disbursement  of  funds 
preceding  election.  Should  the  nomination  of  any  candidate  for  United 
States  Senator  be  contested,  the  same  shall  be  conducted  under  the  pro- 
vision of  the  law  regulating  contests  before  party  election  committees  or 
the  courts  for  State  offices. 

Provided,  that  where  there  is  a  second  primary,  each  candidate  for 
United  States  Senator  mav  expend  in  his  own  behalf,  under  the  regula- 
tions prescribed  by  this  act,  an  additional  $1000. 

Sec.  12.  The  following  provisions  shall  be  held  to  apply  to  all  pri- 
maries and  elections  for  United  States  Senator  whether  special  or  gen- 
eral. 

Sec.  13.  No  person  shall  receive  or  accept  any  money,  property  or 
other  thing  of  value,  or  any  promise  or  pledge  thereof,  constituting  a  dis- 
bursement made  for  political  purposes  contrary  to  law. 

Sec.  14.  In  any  prosecution  for  the  violation  of  this  provision  it  shall 
be  a  defense  if  the  accused  person  shall  prove  that  he  had  neither  knowl- 
edge that  such  disbursements  constituted  a  disbursement  made  for  polit- 
ical purposes  contrary  to  law,  nor  any  reasonable  cause  to  believe  that 
it  constituted  such  disbursement. 

Sec.  15.  No  candidate  for  United  States  Senator  shall  make  any  dis- 
bursement for  political  purposes  except  under  his  personal  direction, 
which  for  every  purpose  shall  be  considered  his  act,  through  a  party  com- 
mittee, or  through  a  personal  committee,  whose  authority  to  act  shall  be 
filed,  as  provided  by  this  act. 

Sec.  16.  Any  candidate  for  United  States  Senator  may  select  a  per- 
sonal campaign  committee  to  consist  of  one  or  more  persons,  but  before 
any  personal  campaign  committee  shall  make  any  disbursement  in  behalf 
of  any  candidate,  or  shall  incur  any  obligation,  express  or  implied,  to 
make  any  disbursement  in  his  behalf,  it  shall  file  with  the  Secretary  of 
State  a  written  statement,  signed  by  such  candidate  for  United  States 
Senator  setting  forth  that  such  personal  campaign  committee  has  been 
appointed  and  giving  the  name  and  address  of  each  member  thereof, 
and  the  name  and  address  of  the  secretary  thereof.  If  such  campaign 
committee  consists  of  only  one  person,  such  person  shall  be  deemed  the 
secretary  thereof.  Any  candidate  for  United  States  Senator  may  revoke 
the  selection  of  any  member  of  such  personal  campaign  committee  by  a 
revocation  in  writing  which,  with  proof  of  personal  service  on  the  mem- 
ber whose  selection  is  so  revoked,  shall  be  filed  with  the  officer  with 
whom  the  appointment  was  filed.  Such  candidate  may  fill  the  vacancy 
thus  created  in  the  manner  in  which  an  original  appointment  is  made. 
The  acts  of  every  member  of  such  personal  campaign  committee  will  be 
presumed  to  be  with  the  knowledge  and  approval  of  the  candidate  until 
it  has  been  clearly  proved  that  the  candidate  did  not  have  knowledge  of 
and  approved  the  same,  and  that  in  the  exercise  of  reasonable  care  and 
diligence,  he  could  not  have  had  knowledge  of  or  any  opportunity  to  dis- 
approve the  same. 


66  Election  Laws  of  Texas. 

Sec.  17.  No  person  or  group  of  persons,  other  than  a  candidate  or 
his  personal  campaign  committee  or  a  party  committee,  shall  in  an  elec- 
tion for  a  United  States  Senator  or  nomination  of  a  candidate  for  United 
States  Senator  make  any  disbursement  for  political  purposes  otherwise 
than  through  a  personal  campaign  committee  or  a  party  committee,  ex- 
cept that  expenses  incurred  for  rent  of  hall  or  other  room  for  public 
speaking,  for  printing,  for  postage,  for  advertising,  for  distributing 
printed  matter,  for  clerical  assistance  and  for  hotel  and  traveling  ex- 
penses solely  in  connection  with  a  public  speaking  engagement,  may  be 
contributed  and  paid  by  a  person  or  group  of  persons  residing  within 
the  county  where  such  expenses  are  incurred,  but  not  otherwise. 

Sec.  18.  No  candidate  for  the  nomination  or  election  for  United 
States  Senator  shall  make  any  disbursements  for  political  purposes  ex- 
cept : 

(1)  For  his  personal  hotel  and  traveling  expenses  and  for  postage, 
telegraph  and  telephone  expenses. 

(2)  For  payments  which  he  may  make  to  the  State  pursuant  to  law. 

(3)  For  contributions  to  his  duly  registered  campaign  committee. 

(4)  For  contribution  to  his  party  committee. 

(5)  For  other  purposes  enumerated  by  law  when  such  candidate  has 
no  personal  campaign  committee,  but  not  otherwise. 

(6)  After  the  primary,  no  candidate  for  United  States  Senator  for 
election  shall  make  any  disbursement  in  behalf  of  his  candidacy,  except 
contributions  to  his  party  committee,  for  his  own  actual  necessary  per- 
sonal traveling  expenses,  and  for  postage,  telegraph  and  telephone  ex- 
penses. 

Sec.  19.  No  party  committee  nor  personal  campaign  committee  shall 
make  any  disbursements  except: 

(1)  For  maintenance  of  headquarters  and  for  hall  rentals,  incident 
to  the  holding  of  public  meetings. 

(2)  For  necessary  stationery,  postage  and  clerical  assistance  to  be 
employed  for  the  candidate  at  his  headquarters  or  at  the  headquarters 
of  the  personal  campaign  committee,  or  party  committee  incident  to  the 
writing,  addressing  and  mailing  of  letters  and  campaign  literature. 

(3)  For  necessary  expenses  incident  to  the  furnishing  and  printing 
of  badges,  banners,  and  other  insignia,  to  the  printing  and  posting  of 
hand  bills,  posters,  lithographs  and  other  campaign  literature  and  the 
distribution  thereof  through  the  mails  or  otherwise. 

(4)  For  campaign  advertising  in  newspapers,  periodicals  or  maga- 
zines, as  provided  by  law. 

(5)  For  actual  and  necessary  personal  expenses  of  public  speaking. 

(6)  For  traveling  expenses  of  members  of  party  committees  or  per- 
sonal campaign  committees.  Nothing  herein  shall  be  construed  as  au- 
thorizing the  employment  on  a  salary  or  any  other  reward,  any  campaign 
manager,  booster  or  political  organizer. 

Sec.  20.  Every  person  who  shall  have  any  bill,  charge  or  claim  upon 
or  against  any  personal  campaign  committee,  any  party  committee  or  any 
candidate  for  United  States  Senator  for  any  disbursement  made,  ser- 
vices rendered,  or  thing  of  value  furnished,  for  political  purposes  or  in- 
curred in  any  manner  in  relation  to  any  primary  or  election  for  United 
States  Senator,  shall  render  in  writing  to  such  committee  or  candidate, 
such  bill,  charge  or  claim  within  ten  days  after  the  day  of  election  or 


Election  Laws  of  Texas.  67 

primary  in  connection  with  which  such  bill,  charge  or  claim  was  in- 
curred. No  candidate  for  United  States  Senator  and  no  personal  cam- 
paign or  party  committee  shall  pay  any  bill,  charge  or  claim  so  incurred 
prior  to  any  primary  or  election  which  is  not  so  presented  within  ten 
days  after  such  primary  or  election. 

Sec.  21.  Every  candidate  for  United  States  Senator  and  the  secretary 
of  every  party  committee  shall  on  the  second  Saturday  occurring  after 
such  candidate  for  United  States  Senator  or  committee  has  first  made 
a  disbursement  or  first  incurred  any  obligation,  express  or  implied,  to 
make  a  disbursement  for  political  purposes,  and  thereafter,  on  the  second 
Saturday  of  each  calendar  month,  until  all  disbursements  shall  have 
been  accounted  for,  and  also  on  the  Saturday  preceding  any  election  or 
primary,  file  a  financial  statement  verified  upon  the  oath  of  such  candi- 
date for  United  States  Senator  or  upon  the  oath  of  the  secretary  of  such 
committee,  as  the  case  may  be,  which  statement  shall  cover  all  trans- 
actions not  accounted  for  and  reported  upon  in  statements  theretofore 
filed.  Each  statement  after  the  first  shall. contain  a  summary  of  all  pre- 
ceding statements,  and  summarize  all  items  theretofore  reported  under 
the  provisions  of  each  subdivision  of  this  act  in  a  separate  total  and 
shall  state  the  sum  and  total  of  all  disbursements  up  to  date  of  the  re- 
port. On  or  before  the  second  Saturday  after  the  election,  a  final  state- 
ment shall  be  filed  by  said  candidate  for  United  States  Senator  and  the 
secretary  of  every  personal  campaign  committee,  and  the  secretary  of 
every  party  committee,  which  said  statement  shall  include  all  former 
statements  and  be  as  full  and  complete  as  that  required  for  the  state- 
ments required  to  be  made  on  the  last  Saturday  before  the  election  and 
required  by  this  act. 

Sec.  22.  The  statement  of  every  candidate  for  United  States  Senator 
and  the  statement  of  his  personal  campaign  committee  shall  be  filed  with 
the  county  clerk  of  the  county  where  such  candidate  resides  and  with 
the  Secretary  of  State. 

Sec.  23.     Each  statement  shall  give  in  full  detail : 

(1)  Every  sum  of  money  and  all  property,  and  every  other  thing  of 
value  received  by  such  candidate  or  committee  during  such  period  from 
any  source  whatsoever  which  he  uses  or  has  used,  or  is  at  liberty  to  use 
for  political  purposes,  together  with  the  name  of  every  person  from  which 
same  was  received,  the  specific  purposes  for  which  it  was  received,  and 
the  date  when  each  was  received,  together  with  the  total  amount  received 
from  all  sources  in  any  amounts  or  manner  whatsoever. 

(2)  Every  promise  or  pledge  of  money,  property  or  other  thing  of 
value  received  by  such  candidate  or  committee  during  such  period,  the 
proceeds  of  which  he  uses  or  has  used  or  is  at  liberty  to  use  for  political 
purposes,  together  with  the  names  of  the  person  by  whom  each  was 
promised  or  pledged,  and  the  date  when  each  was  so  promised  or  pledged 
together  with  the  total  amounts  promised  or  pledged  from  all  sources 
in  any  amount  or  manner  whatsoever. 

(3)  Every  disbursement  made  by  such  candidate  or  committee  for 
political  purposes  during  such  period,  together  with  the  name  of  every 
person  to  whom  the  disbursement  is  made,  the  specific  purpose  for  which 
each  was  made,  and  the  date  when  each  was  made,  together  with  the 
total  amount  of  disbursements  made  in  any  amounts  or  manner  whatso- 
ever. 


68  Election  Laws  of  Texas. 

(4)  Every  obligation,  express  or  implied,  to  make  any  disbursement 
incurred  by  such  candidate  or  committee  for  political  purposes  during 
such  period,  together  with  the  names  of  the  person  or  persons  to  or 
with  whom  each  such  obligation  has  been  incurred,  the  specific  purpose 
for  which  each  was  made,  and  the  date  when  each  was  incurred,  together 
with  the  total  amount  of  such  obligations  made  in  any  amounts  or 
manner  whatsoever. 

Sec.  24.  Each  and  every  person  who  shall  receive  any  payment  di- 
rectly or  indirectly,  for  political  purposes  in  a  campaign  before  a  pri- 
mary or  general  election  for  United  States  Senator  whether  as  salary 
or  as  expenses,  shall  within  thirty  days  after  such  payment  has  been 
made,  or  such  payment  has  been  promised,  make  a  sworn  statement  show- 
ing in  detail  said  payment  or  promised  payments,  by  who  made,  what 
services  were  rendered  for  same.  This  statement  shall  be  filed  with  the 
Secretary  of  State.  Any  person  who  comes  within  the  provisions  of  this 
section  and  fails  to  make  the  statements  herein,  shall  upon  conviction 
be  confined  in  the  county  jail  for  not  less  than  ten  nor  more  than,  thirty 
days. 

Sec.  25.  Blanks  for  all  statements  required  by  law  shall  be  prepared 
by  the  Secretary  of  State  and  copies  thereof,  together  with  a  copy  of  this 
act,  shall  be  furnished  by  the  Secretary  of  State  to  the  secretary  of  every 
personal  campaign  committee  and  to  the  secretary  of  every  party  com- 
mittee, and  to  every  candidate  for  United  States  Senator  upon  the  filing 
of  nomination  papers,  and  all  other  persons  required  by  law  to  file  such 
statements  who  may  apply  therefor. 

Sec.  26.  The  name  of  no  candidate  for  United  States  Senator  chosen 
at  a  primary  election  or  otherwise,  shall  be  printed  on  the  official  ballot 
for  the  ensuing  election,  unless  there  has  been  filed  by  or  on  behalf  of 
said  candidate  and  by  his  personal  campaign  committee,  if  any,  the  state- 
ments of  accounts  and  expenses  relating  to  the  nominations  of  candidates 
for  United  States  Senator  required  by  this  act. 

Sec.  27.  Every  person  otber  than  a  candidate  or  a  personal  campaign 
committee  or  party  committee,  who  shall  wdthin  any  twelve  months  be- 
fore or  after  any  election  for  United  States  Senator  make  any  disburse- 
ments for  any  political  purposes  relating  to  the  election  or  nomination  of 
a  candidate  for  United  States  Senator  exceeding  in  the  aggregate,  twenty- 
five  ($25)  dollars  in  amount  and  value,  shall  file  within  forty-eight  hours 
after  making  any  disbursements,  causing  the  aggregate  of  such  disburse- 
ments to  reach  such  amount,  a  sworn  statement  thereof  with  the  clerk 
of  the  county  wherein  he  resides.  (2)  Such  statements  shall  give  in 
full  detail,  with  date,  every  item  of  money,  property  or  other  thing  of 
value  constituting  any  part  of  such  disbursement,  the  exact  means  by 
which  and  the  manner  in  which  each  such  disbursement  is  made,  and 
the  name  and  address  of  every  person  to  whom  each  was  made,  and  the 
specific  purpose  for  which  each  was  made. 

Sec.  28.  No  disbursement  shall  be  made  and  no  obligation,  ex- 
press or  implied,  to  make  such  disbursement  or  payment,  shall  be  in- 
curred by  or  on  behalf  of  any  candidate  for  the  nomination  for  United 
States  Senator  which  shall  be  in  the  aggregate  in  excess  of  $5000,  and 
$1000  additional  when  a  second  primary  is  necessary.  Provided  that 
the  expenditures  allowed  in  Section  17  shall  not  be  included  in  estimat- 
ing the  $5000,  or  the  additional  $1000  for  the  second  primary. 


Election  Laws  of  Texas.  69 

Sec.  29.  Any  candidate  for  United  States  Senator  may  delegate  to 
his  personal  campaign  committee,  or  to  any  party  committee  or  his  party, 
in  writing  duly  subscribed  by  him,  the  expenditure  of  any  portion  of  the 
total  disbursements  which  are  authorized  to  be  incurred  by  him  or  on  his 
behalf,  by  the  provisions  of  this  act,  but  the  total  of  all  disbursements, 
by  himself,  by  his  personal  campaign  committee  in  his  behalf,  by  all 
party  committees  in  his  behalf,  or  otherwise  made  in  his  behalf,  shall 
not  exceed  in  the  aggregate  the  amounts  in  this  section,  except  as  pro- 
vided by  law.  Provided  that  the  expenditures  allowed  in  Section  17 
hereof  shall  not  be  included  in  estimating  the  total  amount. 

Sec.  30.  Any  person  other  than  a  candidate  for  United  States  Sen- 
ator and  any  or  all  members  of  any  personal  campaign  commitfee,  or 
any  party  committee,  who  shall  fail  to  do  and  perform  any  and  all  the 
things  required  by  him  or  them  in  reference  to  the  disbursement  or  col- 
lection, or  the  payment  of  money,  or  things  of  value  for  political  pur- 
poses, as  defined  by  this  act,  shall  upon  conviction  be  confined  in  the 
county  jail  not  less  than  thirty  nor  more  than  one  hundred  days,  and  in 
addition  thereto  may  be  fined  in  a  sum  of  not  less  than  one  hundred,  nor 
more  than  five  hundred  dollars. 

Sec.  31.  Any  person  (not  a  candidate)  and  any  and  all  members 
of  any  personal  campaign  committee  or  party  committee  who  shall  do 
any  of  the  things  forbidden  by  this  act  with  reference  to  the  payment, 
collection  or  disbursement  of  money  or  other  things  of  value  for  political 
purposes,  as  defined  herein,  shall,  upon  conviction,  be  confined,  in  the 
county  jail  not  less  than  thirty  nor  more  than  one  hundred  days,  and  in 
addition  thereto  may  be  fined  in  a  sum  of  not  less  than  two  hundred 
nor  more  than  five  hundred  dollars.. 

Sec.  32.  Any  candidate  for  United  States  Senators  who  shall  fail 
to  do  and  perform  any  of  the  things  or  acts  required  of  him  under  the 
provision  of  this  act  relating  to  the  disbursement  or  collection  of  money 
or  anything  of  value  for  political  purposes,  shall  upon  conviction  be 
confined  in  the  county  jail  for  not  less  than  thirty  nor  more  than  one 
hundred  days,  and  in  addition  thereto,  may  be  fined  not  less  than  two 
hundred,  nor  more  than  five  hundred  dollars,  nor  shall  he  be  entitled 
to  hold  the  office  for  which  he  may  be  elected,  or  if  nominated,  his  name 
shall  not  be  placed  upon  the  official  ballot  for  the  ensuing  election. 

Sec.  33.  If  any  candidate  for  United  States  Senator  shall  do  any 
of  the  things  or  acts  forbidden  by  the  provisions  of  this  act  with  ref- 
erence to  the  disbursement  or  collection  of  money,  or  anything  or  things 
of  value,  for  political  purposes  as  defined  by  this  act,  he  shall  upon  con- 
viction, be  confined  in  the  county  jail  not  less  than  thirty  nor  more 
than  one  hundred  days,  and  in  addition  thereto  may  be  fined  in  any  sum 
not  less  than  two  hundred,  nor  more  than  five  hundred  dollars,  nor  shall 
he  be  entitled  to  hold  the  office  for  which  he  may  be  elected,  or  if  nom- 
inated, his  name  shall  not  be  placed  upon  the  official  ballot  for  the  en- 
suing election. 

Sec.  3i.  At  each  and  every  primary  held  for  the  nomination  of  a 
candidate  for  United  States  Senator,  the  election  shall  be  conducted  by 
the  duly  appointed  and  constituted  election  officers  of  the  several  polling 
places  and  voting  precincts  throughout  the  State  who  shall  be  paid  as 
provided  by  law  for  holding  elections  in  other  cases. 

Sec.  35.     At  each  and  every  primary  held  for  the  purpose  of  nominat- 


70  Electiox  Laws  of  Texas. 

ing  a  candidate  for  United  States  Senator  no  person  not  a  qualified  elect- 
or to  vote  for  United  States  Senator  under  the  Constitution  of  the  United 
States  shall  be  permitted  to  vote  and  no  person  shall  vote  for  any  candi- 
date for  the  nomination  for  United  States  Senator  who  does  not  belong 
to  the  same  political  party  with  which  the  voter  affiliates  and  when  any 
voter  attempts  to  vote  for  any  person  as  a  candidate  for  the  nomination 
for  United  States  Senator,  and  is  challenged,  he  shall,  before  being  per- 
mitted to  vote,  make  an  affidavit  that  he  is  a  bona  fide  member  of  said 
party  and  if  he  voted  in  the  preceding  general  election  held  for  the 
election  of  State  officials,  he  voted  for  the  nominees  of  the  party  whose 
ticket  he  desires  to  vote.  Upon  making  such  an  affidavit  he  shall  be 
permi-tted  to  vote. 

Sec.  36.  Any  person  who  has  not  been  defeated  at  the  primary  elec- 
tion preceding  the  general  or  special  election  for  United  States  Senators, 
desiring  to  have  his  name  appear  upon  the  official  ballot  at  anv  general 
election  as  a  candidate  for  United  States  Senator  who  is  not  the  nominee 
of  any  political  party  or  political  organization  may  do  so  only  upon 
presenting  a  petition  to  the  Secretary  of  State  signed,  by  at  least  ten  per 
cent  of  the  qualified  voters  in  the  State  of  Texas  as  measured  by  the  total 
vote  for  Governor  at  the  preceding  general  election.  Said  petitioner 
shall  conform  in  every  particular  to  the  requirements  of  the  laws  of  this 
State  with  reference  to  placing  the  name  of  any  candidate,  other  than 
the  nominee  of  any  party  upon  the  official  ballot,  provided,  further,  that 
in  no  case  shall  the  name  of  any  person  be  placed  upon  the  official  ballot 
at  any  general  election  as  a  candidate  for  United  States  Senator  as  the 
nominee  of  any  party  Unless  he  has  been  nominated  under  the  provisions 
of  this  act  and  has  complied  with  every  provision  of  the  laws  of  this 
State  with  reference  to  the  nomina'tion  of  candidates  for  United  States 
Senators. 

Sec.   37.     Any  person  desiring  to  have  his  name  appear  upon  the 
official  ballot  as  a  candidate  for  United  States  Senator  at  any  special 
election  held  for  the  purpose  of  filling  a  vacancy  in  the  United  States 
Senate,  when  no  party  primary  is  held,  may  do  so  by  presenting  his  appli- 
cation to  the  Secretary  of  State  which  shall  set  forth  (1)  that  he  is  a 
candidate  for  United  States  Senator.     (2)     His  age.    (3)     His  occu- 
pation.    (4)     The   county   of   his   residence.      (5)     His   postoffice   ad- 
dress.    (6)     That  he  is  a  member  in  good  faith  of  the  political  party 
upon  whose  ballot  he  wishes  his  name  to  appear  that  if  a  voter  at  the 
preceding  election  he  voted  for  the  nominees  of  said  party.      (7)     That 
he  will  during  the  term  of  his  office,  if  elected,  endeavor  to  truly  respect 
the  wishes  of  his  constituency  and  to  abide  by  and  support  such  measures 
as  may  be  endorsed  by  the  primary  voters  of  his  party,  in  this  State,  and 
that  he  will  use  all  honorable  means  at  his  command  to  secure  the  ap- 
pointment for  such  applicants  for  positions  in  the  Federal  service  as 
receive  a  majority  of  the  votes  at  any  primary  held  by  the  members  of  his 
party  to  determine  their  wishes  with  reference  thereto.    Said  application 
to  be  signed  by  the  candidate  and  properly  acknowledged  before  some  per- 
son authorized  to  take  acknowledgments.    The  Secretary  of  State  shall 
upon  receipt  of  the  application  which  conforms  to  tlie  above  require- 
ments, issue  his  instruction  to  the  county  clerks  of  this  State  directing 
that  the  name  of  the  applicant  shall  be  printed  on  the  official  ballot  in 
the  column  under  the  title  of  the  office  for  which  he  is  a  candidate. 


Election  Laws  of  Texas.  71 

Sec.  38.  Any  candidate  who  desires  his  name  to  appear  on  the  official 
ballot  for  a  special  primary  as  a  candidate  for  the  nomination  of  such 
party  for  the  office  of  United  States  Senator  shall  file  with  the  State 
chairman  of  his  party,  not  later  than  fifteen  (15)  days  prior  to  the  date 
of  snch  primai-y,  his  written  request  that  his  name  be  placed  upon  such 
official  ballot  as  a  candidate  for  the  nomination  of  United  States  Senator, 
giving  his  age  and  occupation,  the  county  of  his  residence  and  post- 
office  address,  which  shall  be  signed  by  him  and  acknowledged  by  him 
before  some  officer,  and  also  twenty-five  (25)  qualified  voters  may  like- 
wise join  in  a  request  that  the  name  of  any  person  affiliating  with  such 
party  be  placed  upon  the  official  ballot  as  a  candidate  for  United  States 
Senator,  giving  the  occupation,  county  of  residence  and  postoffice  address 
of  such  person,  signing  and  acknowledging  same  as  above  provided,  and 
may  file  the  same  with  the  State  chairman  within  the  time  above  men- 
tioned with  the  same  effect  as  if  such  request  had  been  filed  by  the  party 
named  therein  as  a  candidate  for  such  nomination.  And  the  chairman 
and  secretary  of  the  State  committee  shall  forthwith  cause  to  be  mailed 
to  the  chairman  and  secretary  of  every  county  committee  of  the  party 
in  the  State  the  name  of  such  candidate  for  United  States  Senator,  with 
instructions  that  it  be  placed  on  the  official  ballot  of  such  county.  All 
requests  shall  be  considered  filed  with  the  State  chairman  when  they  are 
sent  from  any  point  within  the  United  States  by  registered  mail,  or  by 
telegraph,  addressed  to  the  State  chairman  at  his  postoffice  address. 
On  the  first  Saturday  following  such  special  primary  election,  the  county 
executive  committee  of  each  county  in  the  State,  shall  meet  and  canvass 
the  returns  of  such  election,  and  shall  immediately  thereafter  certify 
by  its  chairman  and  secretary  the  results  of  said  election  and  forward 
same  to  the  State  chairman.  The  State  executive  committee  shall  meet 
at  a  time  not  later  than  fifteen  (15)  days  after  the  date  of  said  special 
primary  and  canvass  and  tabulate  the  returns  of  said  election  as  certi- 
fied by  the  county  chairman,  and  the  candidate  receiving  the  majority 
of  the  numbers  of  votes  cast  at  such  primary  shall  be  the  nominee  of  the 
party  for  such  office ;  and  the  State  chairman  shall  order  the  name  of 
such  candidate  placed  upon  the  official  ballot  of  said  party.  Provided, 
however,  if  at  the  first  primary  election  no  candidate  receives  a  majority 
of  the  votes  polled  by  his  party  for  all  the  candidates  for  United  States 
Senator  before  said  party,  the  State  executive  committee  or  State  chair- 
man thereof  shall  call  a  second  primary  election  for  the  purpose  of 
determining  the  choice  of  the  party  as  between  the  two  candidates  receiv- 
ing the  largest  number  of  votes  at  the  first  primary  election.  Said 
second  primary  shall  be  held  on  the  third  Saturday  following  the  first 
primary,  and  at  such  second  primary,  only  the  two  candidates  in  each 
party  receiving  the  two  highest  votes  shall  be  voted  upon. 

Sec.  39.  When  there  are  two  senators  to  be  elected  from  Texas  to 
the  Congress  of  the  United  States,  each  candidate  offering  his  name 
for  election  shall  designate  in  his  application  for  a  position  on  the  ticket 
whether  in  a  general  or  special  election  or  primary,  whether  he  is  a 
candidate  for  the  short  term  or  long  term. 

[Acts  33rd  Leg.,  1st   C.  S.,  p.  101.] 


72  Election  Laws  of  Texas. 

ELECTIONS,    PEIMAEY— PROVIDES    FOR    ^S^OMIXATION   OF 
PRESIDENT  AND  VICE-PRESIDENT,  ELECTORS 
AND  DELEGATES. 

Section  1.  Article  3175a.  Provided,  that  on  the  fourth  Tuesday  in 
May,_  A.  D.  1916,  and  every  four  years  thereafter,  in  addition  to  the 
candidates  heretofore  required  to  be  nominated  at  the  regular  nominating 
election,  the  qualified  electors  of  the  political  parties  of  this  State  shall 
have  the  opportunity  to  vote  their  first  and  second  preference  on  their 
party  nominating  ballots  for  their  choice  of  those  aspiring  to  be  the 
candidates  of  their  respective  parties  for  President  and  Vice-President 
of  the  United  States,  and  for  the  nomination  of  their  party  presidential 
electors  and  the  election  of  their  party  delegates  to  the  National  conven- 
tion of  the  respective  political  parties  of  this  State.  The  names  of  the 
aspirants  in  each  such  party  for  its  nomination  to  be  its  nominees  for 
President  and  Vice-President  of  the  United  States ;  and  for  presidential 
electors  and  the  election  of  said  delegates  to  said  National  conventions 
shall  be  printed  on  the  party  nominating  ballot  and  the  ballots  shall  be 
marked  and  the  votes  shall  be  counted,  canvassed  and  returned  under  the 
same  regulation  of  law  as  the  names  of  the  party  aspirants  for  the  party 
nominations  for  the  offices  of  Governor  and  Lieutenant-Governor  of  tliis 
State.  That  said  candidates  for  the  nomination  of  President  and  Vice- 
President  of  the  United  States  shall  have  their  names  placed  upon  said 
primary  ballot  at  two  separate  places  under  the  headlines  "First  Choice" 
and  "Second  Choice"  to  enable  the  electors  participating  in  said  election 
to  vote  for  their  first  and  second  choice  for  said  officers;  provided,  that 
aspirants  for  such  presidential  nominations  need  not  file  any  personal 
petition  for  placing  their  names  on  said  political  ballot,  but  that  the 
State  chairman  of  the  respective  political  parties  of  this  State  shall 
certify  to  each  county  chairman  of  the  respective  political  parties  of 
said  State,  the  names  and  addresses  of  all  candidates  of  said  respective 
political  parties  for  said  offices  of  President  and  Vice-President  of  the 
United  States,  such  names  to  be  placed  upon  said  official  ballot  as  can- 
didates for  said  offices. 

Every  qualified  voter  participating  in  said  primary  shall  have  the 
right  at  such  nominating  election  to  vote  for  two  candidates  from  his 
respective  congressional  district  for  delegates  to  said  National  conven- 
tion and  for  as  many  delegates  at  large  to  said  National  convention  as 
may  be  directed  by  the  State  Executive  Committee  of  said  political 
party,  and  for  the  nomination  of  one  presidential  elector  from  his 
respective  congressional  district.  The  candidates  for  President  and 
Vice-President  of  the  United  States  receiving  the  highest  number  of 
votes  cast  in  said  primary  election  shall  be  considered  the  first  choice 
of  the  adherents  of  said  political  party  in  this  State  for  said  office,  and 
the  candidates  for  President  and  Vice-President  of  the  United  States 
securing  the  second  highest  number  of  votes  cast  in  said  primary 
election  shall  be  considered  the  second  choice  of  the  adherents  of  such 
party  for  said  offices.  The  number  of  said  candidates  for  delegate  equal 
to  the  number  of  said  delegates  to  be  elected,  and  the  number  of  presi- 
dential electors  to  be  nominated,  receiving  respectively  each  for  himself 


Election  Laws  of  Texas.  73 

the  highest  number  of  votes  for  such  office  or  nomination,  shall  be 
elected  or  nominated  as  the  case  may  be. 

Provided  the  provisions  of  this  act  shall  be  optional  with  the  political 
parties  polling  less  than  50,000  votes  for  their  candidate  for  Governor  at 
the  last  preceding  general  election.  Provided  that  the  expense  incurred 
in  holding  said  precinct  primaries  shall  be  paid  out  of  the  coounty 
treasury  of  each  county  in  which  said  primaries  are  held  upon  a  war- 
rant drawn  upon  the  county  treasury  by  the  commissioners  court  of  said 
county,  or  said  court  shall  au|;horize  the  county  clerk  of  said  county  to 
draw  said  warrant,  and  said  fees  shall  correspond  to  the  amount  now 
paid  election  officers  for  holding  general  elections  in  this  State,  and  this 
shall  only  apply  to  primaries  for  political  parties  when  the  candidate  for 
Governor  at  the  last  preceding  general  election  polled  50,000  or  more 
votes. 

Sec.  2.  That  all  laws  and  parts  of  laws  in  conflict  with  the  provi- 
visions  of  this  act  be  and  the  same  are  hereby  repealed. 

[Acts  33rd  Leg.,  p.  88.] 

ELECTIONS  —  PEOVIDING     MEANS     FOR     HOLDING     AND 
MAKING  RETURNS  THEREOF  ON  CONSTITU- 
TIONAL AMENDMENTS. 

Section"  1.  Whenever  any  proposed  amendment  to  the  Constitu- 
tion of  this  State  is  to  be  voted  upon  by  the  qualified  voters  of  this 
State,  either  at  an  election  held  for  that  purpose  or  at  any  election 
for  the  State  officers,  the  county  chairman  of  any  organization  ad- 
vocating, and  the  county  chairman  of  any  organization  opposing  the 
adoption  of  such  amendment,  or  if  such  county  chairman  fails  to  act, 
then  three  members  of  the  county  executive  committee  of  any  organiza- 
tion advocating,  or  three  members  of  the  county  executive  committee 
opposing  the  adoption  of  such  constitutional  amendment  may  at  any 
time  not  less  than  five  days  before  the  election  at  which  such  proposed 
amendment  is  to  be  voted  upon,  nominate  one  judge,  one  clerk  and  one 
supervisor  to  serve  as  judge,  clerk  and  supervisor,  respectively,  for  the 
voting  box  for  which  they  are  so  selected,  who  shall  be  qualified  voters  of 
the  voting  precinct  or  box  for  which  they  are  chosen,  by  presenting  in 
writing  to  the  county  judge  of  the  county  the  names  of  such  judges^ 
clerks  and  supervisors  so  selected,  and  such  county  judge  shall  appoint 
the  parties  nominated  to  act  in  such  capacities  at  the  respective  voting 
precincts  and  boxes  for  which  they  are  respectively  selected.  Should  the 
county  judge  fail  or  refuse  to  appoint  such  officers,  they  shall  apply  to 
the  officers  and  judges  of  the  voting  precinct  or  box  for  which  they  were 
respectively  nominated,  and  the  manager  and  judges  of  such  precinct 
or  box  shall  permit  such  persons  so  selected  to  act  in  the  capacities 
named. 

Sec.  2.  The  managers  or  judges  of  the  election  so  refusing,  shall  be 
deemed  guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall  be 
fined  not  less  than  $100  and  not  more  than  $500,  and  shall  be  imprisoned 
in  the  county  jail  for  not  less  than  twenty  days  and  not  more  than 
sixty  days. 

Sec.  3.     Such  judges,  clerks  and  supervisors  shall  serve  in  addition 


74  Election  Laws  of  Texas. 

to  the  election  officers  provided  for  by  the  General  Election  Laws,  and 
they  shall  receive  the  same  compensation.  Said  judges  and  clerks  shall 
assist  in  holding  and  conducting  said  election,  and  in  receiving  and 
counting  the  votes  cast.  Said  supervisor  shall  have  the  right  to  watch 
'the  conduct  of  the  election,  including  the  counting  of  the  votes,  locking 
and  sealing  the  ballot  boxes,  their  custody  and  safe  return. 

Sec.  4.  Any  supervisor  who  shall  discover  any  fraud  or  irregularity 
in  the  conduct  of  an  election  or  in  counting  the  votes  or  in  making 
returns  thereof,  within  five  days  after  said  election,  shall  file  a  written 
report  under  oath  with  the  county  clerk  of  the  county  in  which  he 
resides,  setting  out  fuUv  any  irregularity  or  fraud  or  semblance  thereof 
occurring  in  said  voting  precinct  or  box  that  would  in  any  manner 
affect  the  true  result  of  said  election  in  said  voting  precinct.  The  clerk 
of  the  county  court  of  said  county  shall  keep  said  report  on  file  in  his 
office  and  shall  permit  the  same  to  be  inspected  upon  application  by  any 
citizen  of  this  State.  It  shall  be  the  duty  of  such  supervisor  to  call  the 
attention  of  the  officers  holding  such  election  to  any  fraud,  irregularity 
or  mistake,  illegal  voting  attempted,  or  legal  voting  prevented,  or  other 
failure  to  comply  with  the  law  governing  such  election  at  the  time  it 
occurs,  if  practicable,  and  if  he  has  knowledge  thereof  at  the  time;  and 
he  shall  not  report  any  matter  to  which  he  should  have  called  attention 
at  the  time,  to  which  he  did  not  call  attention  at  the  time,  unless 
he  shows  some  good  and  sufficient  reason  why  the  same  was  not  called  to 
the  attention  of  such  election  officers. 

Sec.  5.  Any  manager,  judge  or  clerk  of  any  such  election,  who 
shall  knowingly  make  any  false  return  or  false  certificate  of  the  result 
of  any  such  election,  shall  be  deemed  guilty  of  a  felony,  and  upon 
conviction  thereof,  shall  be  punished  by  confinement  in  the  penitentiary 
for  not  less  than  one  nor  more  than  five  years. 

Sec.  5a.  Any  election  officer  or  supervisor  who  shall  intimidate 
or  attempt  to  intimidate  any  voter,  or  knowingly  refuse  to  allow  any 
qualified  voter  to  vote,  or  any  person  who,  within  one  hundred  feet 
of  the  voting  box  on  election  day,  shall  intimidate  or  attempt  to  in- 
timidate any  qualified  voter  from  voting,  or  in  any  manner  by  word 
or  act  attempt  to  influence  any  voter  to  cast  his  vote  for  or  against 
any  question  provided  under  tliis  act  to  be  voted  upon,  shall  be  deemed 
guilty  of  a  misdemeanor  and  upon  conviction,  shall  be  fined  in  any  sum 
not  less  than  $50  nor  more  than  $500.  Provided,  further,  that  the 
provisions  of  this  section  shall  not  be  construed  to  prevent  the  officers 
of  the  election  from  assisting  any  qualified  voter  in  making  out  his 
ticket  as  is  provided  for  under  the  General  Election  Laws. 

Sec.  6.  Any  officer  of  any  county  upon  whom  is  placed  by  law 
the  duty  of  making  and  certifying  to  the  Secretary  of  State  returns 
of  any  such  election,  who  shall  knowingly  make  or  certify  to  any  false 
certificate  or  false  statement  of  the  result  of  any  such  election  shall  be 
deemed  guilty  of  a  felony,  and  upon  conviction  shall  be  punished  by 
confinement  in  the  penitentiary  for  not  less  than  one  nor  more  than  five 
years. 

Sec.  7.  Should  any  county  judge  refuse  to  appoint  the  officers 
as  provided  for  and  required  in  Section  1  of  this  act,  upon  applica- 
tion to  him,  he  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  punished  by  a  fine  not  less  than  $50  nor 


Election  Laws  of  Texas.  •  75 

more  than  $500,  and  by  imprisonment  in  the  county  jail  for  not  less 
than  ten  days  nor  more  than  thirty  days,  and  in  addition,  such  refusal 
of  such  county  judge  shall  be  grounds  for  Kis  impeachment  and  removal 
from  office. 

Sec.  8.  Within  sixty  days  from  the  date  of  any  such  election  upon 
any  proposed  amendment  to  the  Constitution,  and  not  thereafter,  any 
citizen  of  this  State  who  is  a  qualified  voter  shall  have  the  right  to 
contest  said  election  by  filing  his  petition  in  one  of  the  district  courts 
of  Travis  county,  Texas,  setting  forth  fully  his  grounds  for  contest, 
naming  the  Secretary  of  State  as  contestee;  and  thereupon  the  district 
judge,  in  whose  court  the  contest  is  filed,  shall  make  an  order  for  the 
issuance,  and  the  clerk  of  said  court  or  the  judge  thereof,  shall  issue 
a  writ  of  injunction  enjoining  the  Secretary  of  State  from  tabulating, 
estimating  or  canvassing  the  returns  of  said  election  and  from  ascertain- 
ing or  declaring  the  result  of  said  election  until  said  contest  is  finally 
determined.  Citation  shall  be  issued  and  served  upon  the  Secretary  of 
State  as  in  other  civil  cases.  At  the  time  of  filing  such  petition,  con- 
testant shall  cause  to  be  published  in  some  daily  newspaper  published 
in  the  State,  for  not  less  than  ten  days  before  appearance  day,  a  brief 
notice  to  all  parties  interested  that  such  suit  has  been  filed.  The  Secre- 
tary of  State  shall  within  twenty  days  from  service  of  citation  file  a 
formal  answer,  but  shall  not  be  liable  for  any  costs.  Any  qualified  citizen 
or  citizens  adversely  interested  in  such  contest  may  appear  by  counsel 
of  their  own  choosing  upon  either  side  of  the  contest,  but  opponents  of 
the  contest  shall  have  the  right  to  direct  and  control  the  pleadings  of  the 
Secretary  of  State  and  the  conduct  of  the  contest  upon  the  part  of 
the  contestees;  and  contestants  shall  jointly  and  not  severally  plead 
in  the  cause.  The  said  court  shall  cause  the  party  contesting  the 
result  of  said  election  and  the  parties  adversely  interested  to  form  issues 
and  shall  as  near  as  may  be  conform  the  hearing  and  determination  of 
such  contest  to  the  proceedings  usual  in  courts  in  contested  election 
cases.  The  court  shall  permit  contestants  to  amend  their  petition,  in- 
clude therein  allegations  charging  fraud,  irregularity  or  mistakes,  upon 
such  terms  a?  to  the  court  may  seem  just,  and  likewise  the  contestees 
shall  have  the  right  both  to  contest  the  charges  made  by  the  contestant 
and  to  make  counter  charges,  but  the  court  shall  bring  the  parties  to 
issue  with  all  possible  dispatch.  Provided,  however,  that  should  any  con- 
test be  filed  as  herein  provided  for,  that  the  contestant  shall  be  required 
to  give  a  good  and  sufficient  bond  to  be  approved  by  the  clerk  of  the 
court  wherein  said  contest  is  filed,  conditioned  that  the  said  contestant 
will  pay,  in  the  event  he  is  defeated  in  said  contest,  all  the  costs  that 
may  be  incurred  in  the  trial  of  said  contest,  and  that  he  shall  not  be  per- 
mitted to  file  any  such  contest  and  give  in  lieu  of  the  bond  herein 
provided  for  any  affidavit  of  inability  to  pay  the  costs  as  provided 
for  under  the  general  statutes. 

Sec.  9.  The  said  court  shall  have  the  power  to  appoint  commissioners 
to  sit  at  such  places  as  the  court  may  designate  for  the  purpose  of  hear- 
ing testimony,  reducing  same  to  writing  and  reporting  same  to  said 
court,,  said  court  shall  also  have  the  power  to  issue  all  orders  that  may 
be  necessary  or  proper  to  compel  the  production  before  said  court  or 
any  commissioner  appointed  by  said  court,  of  all  ballot  boxes  and 
instrumentalities   used  in   connection  with  said  election  that  mav  be 


76  Election  Laws  of  Texas. 

necessary  or  proper  to  the  determination  of  the  issue  raised  by  such 
contest,  and  to  send  by  proper  process  to  any  county  in  the  State,  for 
the  officers  of  the  election  "or  the  custodians  of  ballot  boxes  for  the 
purpose  of  aiding  in,  ascertaining  and  determining  any  matter  or  thing 
necessary  or  proper  in  connection  with  the  trial  of  said  contest. 

Sec.  10.  The  said  court  may  proceed  to  the  trial  of  said  issue 
raised  by  said  contest  after  having  given  the  contestants  and  the  con- 
testees  full  and  fair  opportunity  to  produce  before  said  court  the  evi- 
dence pro  and  con  upon  such  issues.  The  court  may  adjourn  said  hear- 
ing from  time  to  time  and  may,  before  the  final  determination  of  said 
cause,  make  such  orders  and  decrees  as  to  the  court  may  seem  just, 
and  proper,  requiring  any  election  officers  to  make  such  certificates  of 
the  result  of  such  election  as  in  the  judgment  of  the  court  such  officers 
should  have  been  made  in  making  the  returns  of  such  election. 

Sec.  11.  Upon  the  trial  of  said  cause,  the  court  shall  have  full 
power  and  authority  to  hear  and  determine  all  matters  and  things 
necessary  or  proper  to  the  determination  of  the  question  whether  a 
majority  of  the  legal  votes  cast  in  said  election,  either  in  favor  or 
against  said  proposed  amendment,  including  the  manner  of  holding 
the  election,  any  frauds  or  irregularities  in  the  conduct  thereof,  or 
in  the  making  of  the  returns  thereof  illegal  votes  cast  at  said  election 
or  legal  votes  prevented  from  being  cast,  false  calculations,  certificates 
or  returns,  and  to  exercise  all  powers  of  the  court,  both  in  law  or  in 
equity,  in  order  to  fully  inquire  into  and  ascertain  the  true  and  correct 
result  of  such  election,  free  from  any  fraud,  irregularity  or  mistake. 

Sec.  12.  The  said  court  shall  have  full  power  and  authority  when 
the  result  of  such  election  in  any  voting  precinct  box  shall  have  been 
ascertained  and  determined,  to  order  and  compel  the  proper  officers 
thereof  to  make  true  and  correct  returns  of  such  election  in  such  voting 
box  as  finally  determined  by  said  court,  to  the  proper  officers  of  such 
county;  and  when  the  result  in  any  county  shall  have  been  ascertained 
and  determined  by  said  court,  to  order  and  compel  the  proper  returning 
officers  of  such  county  to  make  true  and  correct  returns  of  the  result 
of  said  election  in  said  county  as  to  said  amendment  as  ascertained  by 
said  court  to  the  Secretary  of  State,  and  to  order  the  Secretary  of  State 
to  make  his  returns,  tabulations,  canvassings,  countings  and  certificates 
in  accordance  with  the  result  of  such  election  as  finally  ascertained  and 
deteimined  by  the  court. 

Sec.  13.  The  provisions  of  this  act  are  cumulative  and  not  exclu- 
sive of  the  powers,  rights  and  authority  vested  in  the  district  courts 
of  Texas. 

Sec.  14.  The  ^aid  contest  shall  have  precedence  in  said  court  over 
all  causes  pending  therein,  and  upon  final  disposition  thereof  an 
appeal  may  be  taken  by  either  party  as  in  other  civil  cases;  and  such 
appeal  or  writ  of  error  or  motion  for  rehearing  shall  have  precedence 
over  all  other  causes  pending  in  the  appellate  courts  to  which  the  appeal 
or  writ  of  error  is  taken,  except  such  cases  as  may  be  entitled  to  pre- 
cedence over  said  cause  by  virtue  of  some  provision  of  the  Constitution 
of  this  State.  Upon  final  judgement  (judgment)  in  said  appellate  coiirt, 
it  shall  be  the  duty  of  said  appellate  court  to  enter  a  decree  ordering 
and  directing  the  Secretary  of  State  to  declare  the  true  result  of  said 
election  as  judicially  determined  and  ascertained  by  said  court,  and  the 


Election  Laws  of  Texas.  77 

Secretary  of  State  shall  make  his  tabulations,  canvassings  and  certificates 
of  the  results  of  such  election  in  accordance  with  the  final  judgement 
(judgment)  of  said  court,  and  said  amendfnent  shall  be  adopted  or  re- 
jected in  accordance  with  the  final  result  of  said  election  as  finally  de- 
termined by  the  judgement  (judgment)  of  said  court. 

Sec.  15.  The  result  of  said  contest  shall  finally  settle  all  questions 
relating  to  the  validity  of  said  election,  and  it  shall  not  be  permissible 
to  again  call  the  legality  of  said  election  in  question  in  any  other  suit 
or  proceeding,  and  if  no  contest  of  said  election  is  filed  and  prosecuted 
in  the  manner  and  within  the  time  herein  provided  for,  it  shall  be  con- 
clusively presumed  that  said  election  as  held  and  the  result  thereof  as 
declared  are  in  all  respects  valid  and  binding  upon  all  courts,  provided, 
that  pending  such  contest  the  enforcement  of  all  laws  in  relation  to  the 
subject  matter  of  such  contest  shall  not  be  suspended,  but  shall  remain 
in  full  force  and  effect,  and  all  laws  and  parts  of  laws  in  conflict  here- 
with are  hereby  repealed. 

Sec.  16.  This  law  shall  not  repeal  any  existing  statute  with  ref- 
erence to  the  conducting  of  elections,  but  shall  be  cumulative  thereof. 

[Acts  33rd  Leg.,  p.  144.] 


THIS  BOOK  IS  DUE  ON  THE  LAST  DATE 
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AUG  22    1944 

,      26^PT'64SW 

i-ifciC'D  LU 

' 'ra4'64-s?fti 

i 

LD  21-100m-12,'43  (8796s) 

tiaylord  Bros. 

Makers 

Syracuse,  N.  Y. 

PAT.  JAN.  21,  1908 

•i.v.jOi-  ^ 


-A 

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